Preliminary

1 Short title.

This Act may be cited as “The Explosives Act 1875.

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3 Substances to which this Act applies.

This Act shall apply to gunpowder and other explosives as defined by this section.

The term “explosive” in this Act—

1

Means gunpowder, nitro–glycerine, dynamite, gun–cotton, blasting powders, fulminate of mercury or of other metals, coloured fires, and every other substance, whether similar to those above–mentioned or not, used or manufactured with a view to produce a practical effect by explosion or a pyrotechnic effect; and

2

Includes fog–signals, fireworks, fuzes, rockets, percussion caps, detonators, cartridges, ammunition of all descriptions, and every adaptation or preparation of an explosive as above defined.

C3Part I.—Law relating to Gunpowder

Annotations:
Modifications etc. (not altering text)
C3

Power to grant exemption from provisions of Pt. I (except ss. 30–32) and Pt. II conferred by S.I. 1979/1378, art. 2

General Law as to Manufacture and Keeping of Gunpowder

F974 Gunpowder to be manufactured only at factory lawfully existing or licensed under this Act.

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F975 Gunpowder (except for private use) to be kept only in existing or new magazine or store, or in registered premises.

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F97... Gunpowder (except for private use) to be kept only in existing or new magazine or store, or in registered premises.

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Licensing of Factories and Magazines for Gunpowder

F976 Application for license for new factory or magazine.

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F977 Application for assent of local authority to site of new factory or magazine.

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F978 Grant and confirmation of license.

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Regulation of Factories and Magazines for Gunpowder

F979 Regulation of factories and magazines for gunpowder.

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F9710 General rules for factories and magazines.

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F9711 Special rules for regulation of workmen in factory or magazineb.

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Supplemental as to Factories and Magazines for Gunpowder

F9712 Alteration of terms of license and enlargement of factory or magazine.

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F9713 Devolution and determination of license.

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Application of Act to existing Factories and Magazines for Gunpowder

F9714 Continuing certificate for existing factories and magazines.

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Consumers Stores for Gunpowder Licensing and Regulation of Stores

F9715 Store license to be obtained from local authority.

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F9716 Order in Council prescribing situation and construction of stores.

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F9717 General rules for stores.

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F9718 Non–transferability, renewal, and forms of store licenses.

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F9719 Special rules for regulation of workmen in stores.

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Application of Act to existing Stores for Gunpowder

F9720 Definition of and continuing certificate for existing stores which are to be subject to this Act.

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Retail Dealing with Gunpowder Registration and Regulation of Registered Premises

F9721 Registration of premises with local authority.

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F9722 General rules for registered premises.

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Supplemental Provisions

F9123F91Precautions against unauthorised access C1

F1071

The occupier of every premises at which gunpowder is manufactured or stored shall take all due precaution for preventing unauthorised persons having access to the premises or to the gunpowder therein.

2

In the event of any breach (by any act or default) of subsection (1), the occupier shall be guilty of an offence.

3

In this section, “premises” has the meaning given by Article 2(2) of the Health and Safety at Work (Northern Ireland) Order 1978.

F9824 Explanation as to quantities of gunpowder allowed in buildings.

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F9825. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9826 Fees for licenses.

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F9827 Adjoining places occupied together to be one place.

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F9828 Register of store licenses and registered premises to be kept by local authority.

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F9829 Provision in case of death, &c. of occupier of store or registered premises.

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Sale of Gunpowder

30 Restriction on sale of gunpowder in highways, &c.

Gunpowder shall not be hawked, sold, or exposed for sale upon any F2highway, street, public thoroughfare, orF2road or in any public place.

If any gunpowder is hawked, sold, or exposed for sale in contravention of this section—

1

The person hawking, selling, or exposing for sale the same, shall be liable to a penalty not exceeding F3£2 ; and

2

All or any part of the gunpowder which is so hawked or exposed for sale, or is found in the possession of any person convicted under this section, may be forfeited.

31 Penalty for sale of gunpowder to children.

F1111

Gunpowder shall not be sold to F4any person apparently under the age of sixteen years; and any person selling gunpowder in contravention of this section F5shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale

F1122

On and after 4 July 2010, subsection (1) does not apply to—

a

category 1, 2 or 3 fireworks; or

b

percussion caps.

3

On and after 4 July 2013, subsection (1) does not apply to—

a

category 4 fireworks,

b

category T1 or T2 theatrical pyrotechnic articles, or

c

category P1 or P2 other pyrotechnic articles.

4

The references to categories of fireworks, theatrical and other pyrotechnic articles are to be construed in accordance with Directive 2007/23/EC of the European Parliament and of the Council of 23 May 2007 on the placing on the market of pyrotechnic articles.

5

The reference to percussion caps is a reference to percussion caps intended specifically for toys falling within the scope of Council Directive 88/378/EEC of 3 May 1988 on the approximation of the laws of the Member States concerning the safety of toys.

32 Sale of gunpowder to be in closed packages labelled.

All gunpowder exceeding F6500 grams in weight, when publicly exposed for sale or sold, shall be in a substantial case, bag, canister, or other receptacle made and closed so as to prevent the gunpowder from escaping, and (except when the same is sold to any person employed by or on the property occupied by the vendor for immediate use in the service of the vendor or on such property,) the outermost receptacle containing such gunpowder shall have affixed the word “gunpowder” in conspicuous characters by means of a brand or securely attached label, or other mark.

If any gunpowder is sold or exposed for sale in contravention of this section—

1

The person selling or exposing for sale the same shall be liable to a penalty not exceeding F7£2 ; and

2

All or any part of the gunpowder so exposed for sale may be forfeited.

Conveyance of Gunpowder

F93F833 General rules as to packing of gunpowder for conveyance.

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34F9 Byelaws by harbour authority as to conveyance, loading, &c. of gunpowder. C2

Every harbour authority shall, with the sanction of the F10Secretary of State , make byelaws for regulating the conveyance, loading and unloading of gunpowder within the jurisdiction of the said authority and in particular for declaring or regulating all or any of the following matters within the jurisdiction of the said authority; namely,

1

Determining the notice to be given by ships and boats conveying, loading, or unloading gunpowder as merchandise within the said jurisdiction; and

2

Regulating the navigation and place of mooring of such ships and boats; and

3

Regulating, subject to the general rules with respect to packing in this Act contained, the mode of stowing and keeping gunpowder on board any such ship or boat, and of giving notice by brands, labels, or otherwise of the nature of the package containing the gunpowder; and

4

Regulating the description, construction, fitting up, and licensing of the ships, boats, or carriages to be used for the conveyance of gunpowder, and the licensing and dress of the persons having charge thereof; and

5

Prohibiting or subjecting to conditions and restrictions the conveyance of gunpowder with any explosive or any articles or substances, or in passenger ships, boats, trains, or carriages; and

6

Prohibiting in cases where the loading or unloading of gunpowder within the jurisdiction of such authority appears to be specially dangerous to the public such loading or unloading, and fixing the places and times at which the gunpowder is to be loaded or unloaded, and the quantity to be loaded or unloaded or conveyed at one time or in one ship, boat, or carriage; and

7

Regulating the mode of and the precautions to be observed in conveying any gunpowder, and in the loading or unloading any ship, boat, or carriage conveying gunpowder as merchandise, and the time during which gunpowder may be kept during such conveyance, loading or unloading; and

8

Fixing the times at which lights or fires are to be allowed or not allowed on board such ships or boats, as before mentioned, or at which a constable or officer of the harbour authority is to be on board them; and

9

Providing for the publication and supply of copies of the byelaws; and

10

Enforcing the observance of this Act both by their own servants and agents and also by other persons when within the said jurisdiction; and

11

Generally for protecting, whether by means similar to those above mentioned or not, persons and property from danger.

The penalties to be annexed to any breach or attempt to commit any breach of any such byelaws may be all or any of the following penalties, and may be imposed on such persons and graduated in such manner as may be deemed just, according to the gravity of the offence, and according as it may be a first or second or other subsequent offence, that is to say, pecuniary penalties not exceeding F11£100 for each offence, and ten pounds for each day during which the offence continues, and forfeiture of all or any part of the gunpowder in respect of which, or found in the ship, boat, or carriage in respect of which, the breach of byelaw has taken place.

In the event of any breach of a byelaw under this section in the case of any ship, boat, carriage, or gunpowder, whether there has or has not been any conviction for such breach, it shall be lawful for the harbour–master, or other officer named in the byelaws, or any person acting under the orders of the harbour authority, to cause such ship, boat, carriage, or gunpowder, at the expense of the owner thereof, to be removed to such place or otherwise dealt with in such manner as may be in conformity with the byelaws; and all expenses incurred in such removal may be recovered in the same manner as a penalty under this section; and any person resisting such harbour–master or officer or other person in such removal shall be liable to the same penalties as a person is liable to for obstructing the harbour–master in the execution of his duty.

On any part of the coast of the United Kingdom or in any tidal water for which there is no harbour authority, the F10Secretary of State may, if F10he thinks it expedient, make byelaws under this section for that part or water as if it were a harbour and F10he were the harbour authority, and such byelaws shall be deemed to have been made by a harbour authority with the sanction of the F10Secretary of State ; and F10he may by such byelaws define the area within which such byelaws are to be observed, and the authorities and officers by whom such byelaws are to be enforced and carried into effect within such area; and every such authority and officer shall for the purposes of this Act, other than making byelaws or assenting to a site for a new factory or magazine, have the same power within the said area as a harbour authority and an officer of a harbour authority have respectively under this Act in a harbour.

F9935 Byelaws by railway and canal company as to conveyance, loading, &c. of gunpowder.

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F9936 Byelaws as to wharves in which gunpowder is loaded or unloaded.

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F9937. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9938 Confirmation and publication of byelaws.

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C6Part II.—Law relating to other Explosives

Annotations:
Modifications etc. (not altering text)
C6

Power to grant exemption from provisions of Pt. I (except ss. 30–32) and Pt. II conferred by S.I. 1979/1378, art. 2

Application of Part I. to other Explosives

39 Part I. relating to gunpowder applied to other explosives.

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.

F125F6540 Modification of Part I. as applied to explosives other than gunpowder. C4

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F13141Exception of safety cartridges

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E1F10041 Exemption of making and carrying safety cartridges for private use.

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42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

Specially dangerous Explosives

C2243 Power to prohibit manufacture, importation, storage, and carriage of specially dangerous explosives. C5

Notwithstanding anything in this Act, Her Majesty from time to time, by Order in Council, may prohibitF73..., 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:

F74A person who manufactures, keeps or conveys any explosive in contravention of any such Order shall be guilty of an offence F108and 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) .

F13If 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 F109and liable as mentioned in the final item of Schedule 3A to the M1Health and Safety at Work, etc. Act 1974.

F14The 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 F15customs or excise, and the ship containing the same, and the enactments for the time being in force relating to F15customs or excise and any such article or ship shall apply accordingly.

Provisions in favour of certain Manufacturers and Dealers

F10144 Provision in favour of makers, &c. of blasting cartridges.

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F10145 Provision in favour of makers of new explosive for experiment.

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F10146 Provision in favour of gunmakers, &c. making cartridges.

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F10147 Provision in favour of owners of mines and quarries, as to making charges, &c. for blasting.

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F10148 Provision in favour of small firework manufacturer who may obtain a license from the local authority.

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F10149†Licensing by local authority and regulation of small firework factories.

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F10150 Keeping without a license and conveyance of percussion caps, &c.

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Existing Factories, Magazines, and Stores

F101F13051 Application of Part I. of the Act to existing factories and magazines.

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52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

Part III.—Administration of Law

Government Supervision

Inspection

F102F116F11553. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F102F11458 Inspection by railway inspectors or inspectors of Board of Trade.

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F102F11559. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F113F10260†License and special rules certified by Government inspector to be evidence.

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61C7†Keeping and carriage of samples by Government inspector.

F110F117An inspector appointed by the Health and Safety Executive under section 19 of the M1Health and Safety at Work etc. Act 1974, and any other person authorised by him for the purpose, may keep and convey any sample taken for the purposes of this Act by or by authority of such inspector, so that the amount of it do not exceed what is reasonably necessary for the purpose of enabling such inspector to perform his duties under this Act, and be kept and carried with all due precautions to prevent accident; and such inspector or person shall not be liable to any penalty, punishment, or forfeiture under this or any other Act for keeping or conveying such sample.

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Accidents

F103F12863 Notice to be given of accidents connected with explosive.

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F103F12964 Reconstruction of buildings destroyed by accident.

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F103

Local Supervision

Definition and Powers of Local Authority

C967C8 Definition of local authority.

The local authority for the purposes of this Act, shall be—

1

In the city of London, F67... the court of the Lord Mayor and aldermen of the said city; and

F661A

In a London borough, the council of the borough; and

F172

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F203

Outside Greater London F18and a metropolitan county , the council of a county F19or county borough; and

F203A

In a metropolitan county, the F64fire and rescue authority;F68...

F684

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F215

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69C10†Duty of local authority and power of officer.

It shall be the duty of every local authority to carry into effect within their jurisdiction the powers vested in them under this Act.

. . . F23

Annotations:
Amendments (Textual)
F23

Words repealed by S.I. 1974/1885, Sch. 1

Modifications etc. (not altering text)
C10

A dagger appended to a marginal note means that it is no longer accurate

F9270 Expenses of local authority.

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Power of Local Authority to provide Carriages and Magazines

F9271 Undertaking of carriage by harbour authority and canal company.

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F92C2172 Provision of magazines by local authority.

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Part IV.—Supplemental Provisions, Legal Proceedings, Exemptions, and Definitions

Supplemental Provisions

F10477 Penalty on and removal of trespassers.

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F10478 Arrest without warrant of persons committing dangerous offences.

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F10479. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

80 Penalty for throwing fireworks in thoroughfare. C11

If any person throw, cast, or fire any fireworks in or into any F28highway, street, thoroughfare,F28road or public place, he F29shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale

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F6982C12†Punishment for defacing notices.

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C2383 Provisions as to Orders in Council and orders of Secretary of State.

Her Majesty may from time to time make Orders in Council for doing anything which is in this Act expressed to be authorised, directed, regulated, prescribed, or done by Order in Council.

F31Every Order in Council or order of the Secretary of State, which purports to be made in pursuance of this Act shall be presumed to have been duly made and to be within the powers of this Act, and no objection to the legality thereof shall be entertained in any legal proceeding whatever..

Every Order in Council made in pursuance of this Act F31shall take effect as if it were enacted in this Act, and shall be published in the London Gazette, and shall be laid before both Houses of Parliament F31within one month after it is made, if Parliament be then sitting, or if not, within one month after the commencement of the then next session of Parliament..

Her Majesty may by Order in CouncilF70... from time to time revoke, add to, or alter any previous Order in Council F71... under this Act.

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F10584 Publication of byelaws, notices, &c.

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86 Construction of enactments referring to powers of searching for gunpowder.

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Exemptions and Savings

C14C1597 Exemption of Government factories, &c. from the Act. C13

This Act shall not apply—

1

To any factory, magazine, store, premises, wharf, place, or explosive under the control of the Secretary of State, . . . F38, or other department of the Government or otherwise held for the service of the Crown, or to the manufacture, keeping, or importation of such explosive; or

2

To any of Her Majesty’s ships, boats, or carriages; or

F120F773

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F120F774

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F39C165

To the conveyance of any explosive under the control of a Secretary of State, . . . F38, or other department of the Government or to the conveyance of any explosive otherwise held for the service of the Crown when the same is being conveyed in accordance with the regulations of a Secreatary of State of . . . F38 other department of the Government:

F95F7698 Saving for rocket and fog stations.

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99. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40

100 Saving for master of ship and carrier in case of emergency.

Nothing in this Act shall render liable to any penalty or forfeiture the owner or master of any ship or boat, or any carrier or warehouseman, or the person having charge of any carriage, for any act done in breach of this Act, if he prove that by reason of stress of weather, inevitable accident, or other emergency, the doing of such act was, under the circumstances, necessary and proper.

F94F79101Saving for rockets, gunpowder, &c. on board ship in compliance with 17 & 18 Vict. c. 104.

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102 Saving clause as to liability.

This Act shall not, save as is herein expressly provided, exempt any person from any action or suit in respect of any nuisance, tort, or otherwise, which might but for the provisions of this Act, have been brought against him.

This Act shall not exempt any person from any indictment or other proceeding for a nuisance, or for an offence which is indictable at common law, or by any Act of Parliament other than this Act, so that no person be punished twice for the same offence.

When proceedings are taken before any court against any person in respect of any offence under this Act, which is also an offence indictable at common law or by some Act of Parliament other than this Act, the court may direct that, instead of such proceedings being continued, proceedings shall be taken for indicting such person at common law or under some Act of Parliament other than this Act.

F80F124....

F96F134103 Powers of Act cumulative, with power to make provisional order for repealing local Acts.

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Definitions

C25104 Extension of definition of explosive to other explosive substances.

Her Majesty may, by Order in Council, declare that any substance which appears to Her Majesty to be specially dangerous to life or property by reason either of its explosive properties, or of any process in the manufacture thereof being liable to explosion, shall be deemed to be an explosive within the meaning of this Act and the provisions of this Act (subject to such exceptions, limitations, and restrictions as may be specified in the order) shall accordingly extend to such substance in like manner as if it were included in the term explosive in this Act.

F133F81105 Persons carrying on certain processes to be deemed manufacturers.

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F132F82106 Definition and classification of explosives by Order in Council.

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107. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41

C18108 General definitions. C17

In this Act, unless the context otherwise requires—

  • The expression “this Act” includes any license, F88F121... and order granted or made in pursuance of this Act:

  • F90F123...

  • The expression “person” includes a body corporate:

  • The expression “occupier” includes any number of persons and a body corporate; and in the case of any manufacture or trade, includes any person carrying on such manufacture or trade:

  • The expression “master” includes every person (except a pilot) having command or charge of a ship, and in reference to any boat belonging to a ship, means the master of the ship; and when used in reference to any other boat, includes every person having command or charge of such boat:

  • The expression “magazine” includes any ship or other vessel used for the purpose of keeping any explosive:

  • F90F123...

  • The expression “store” means F89F122...a place for keeping an explosive F89F122...:

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42

  • The expression “warehouseman” includes all persons owning or managing any warehouse, store, wharf, or other premises in which goods are deposited:

  • The expression “carrier” includes all persons carrying goods or passengers for hire by land or water:

  • F90F123...

  • F90F123...

  • The expression “tidal water” means any part of the sea or of a river within the ebb and flow of the tides at ordinary spring tides:

  • The expression “inland water” means any canal, river, navigation, lake, or water which is not tidal water:

  • F90F123...

  • The expression “wharf” includes any quay, landing–place, siding, or other place at which goods are landed, loaded, or unloaded:

  • The expression “carriage” includes any carriage, waggon, cart, truck, vehicle, or other means of conveying goods or passengers by land, in whatever manner the same may be propelled:

  • The expression “ship” includes every description of vessel used in sea navigation, whether propelled by oars or otherwise:

  • The expression “boat” means every vessel not a ship as above defined which is used in navigation in any inland water or any harbour, whether propelled by oars or otherwise:

  • The expression “prescribed” means prescribed by Order in Council:

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43

  • . . .

  • F90F123...

  • F90F123...

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42

  • F44The expression “road”has the same meaning as in the Roads (Scotland) Act 1984.

Application of Act to Scotland

This Act shall apply to Scotland, with the following modifications; that is to say,

109 Definitions.

In this Act with respect to Scotland—

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F45

2

F46. . .

3

F46. . .

4

F46. . .

5

F46. . .

6

F46. . .

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F47

8

F46. . .

9

F46. . .

10

The expression “the court of summary jurisdiction” means the F48sheriff principal of the sheriffdom or any one of his sheriffs:

F8311

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

110 Local authority.

In Scotland, the local authority for the purposes of this Act shall be as follows:

F491

A F50council constituted under section of the Local Government etc. (Scotland) Act 1994; F84...

F842

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F51

111 Expenses of local authority.

In Scotland, the local rate for defraying the expenses of the local authorities under this Act shall be—

F52a

The F53non-domestic rate or the council tax, as the case may be; F85...

F85b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F54

F55The rates or assessments in this sub–section mentioned, or any increase of any such rate or assessment, may, notwithstanding any limitation in any Act, be levied for the purposes of this Act.

112. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F56

F86113 Local authority to have certain powers to take land otherwise than by agreement.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

114 Provision for making and enforcing byelaws, &c.

In Scotland, the following provisions shall have effect:

F87a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F57b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

The proceedings may be on indictment in the Court of Justiciary . . . F58 or in the sheriff court, or may be taken summarily in the sheriff court under the provisions of F59Part II of the Criminal Procedure (Scotland) Act 1975, as the Lord Advocate shall direct:

F57d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

e

In Scotland, all penalties imposed in pursuance of this Act shall be paid to the clerk of the court imposing them, and shall by him be accounted for and paid to F60the Secretary of State , and be carried to the Consolidated Fund; and the proceeds of any sales of explosives or of the ingredients of explosives, or of the receptacles of explosives or their ingredients, or of any ship, boat, or carriage, forfeited and directed to be sold, or directed to be sold and disposed of as if the same were forfeited under this Act, shall be paid, accounted for, and applied in like manner as penalties under this Act:

F57f

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

115C19F61†Board of Trade empowered to make byelaws for the lower estuary of the Clyde: Secretary of State to define the authority for enforcing such byelaws.

Whereas upon that part of the estuary of the Clyde which lies below the jurisdiction of the Trustees of the Clyde Navigation (and which part is in this section referred to as the lower estuary of the Clyde) doubts have arisen as to the limits of the several harbour authorities on that estuary, be it enacted, the F62Secretary of State may, if F62he thinks it expedient, make byelaws under this Act for the lower estuary of the Clyde as if it were a harbour and F62he were the harbour authority, and such byelaws shall be deemed to have been made by a harbour authority with the sanction of the F62Secretary of State ; and F62he may by such byelaws define the area within which such byelaws are to be observed, and the Secretary of State shall have power to define the authority or authorities and officers by whom such byelaws are to be enforced and carried into effect within such area; and such authority or authorities and officers shall, for the purposes of this Act, other than making byelaws or assenting to a site for a new factory or magazine, have the same power within the said area as a harbour authority and an officer of a harbour authority have respectively under this Act in a harbour.

Annotations:
Amendments (Textual)
F61

S. 115 repealed (E.W.S.) by S.I. 1987/37 reg. 47(1)(a)

F62

Words substituted by virtue of Ministry of Transport Act 1919 (c. 50), s. 2, Sch. 1 para. 1, S.R. & O. 1919/1440 (Rev. XV, p. 211: 1919, p. 849), 1941/654 (Rev. XV, p. 228: 1941, p. 1221), arts. 2, 3, 1946/375 (Rev. XV, p. 229: 1946, p. 1009), art. 2(1)(3), S.I. 1953/1204 (1953 I, p. 1225), art. 3(1), 1959/1768 (1959 I, p. 1793) art. 3(2) and 1970/1681, arts. 2(1), 6(3)

Modifications etc. (not altering text)
C19

A dagger appended to a marginal note means that it is no longer accurate

C20 Application of Act to Ireland

Annotations:
Modifications etc. (not altering text)
C20

References to Ireland to be construed as exclusive of Republic of Ireland: S.R. & O. 1923/405 (Rev. X, p. 298: 1923, p. 400), art. 2

This Act shall apply to Ireland, with the following modifications; that is to say,

116 Definition of local authority.

The local authority for the purposes of this Act shall be—

1

In the city of Dublin, the Lord Mayor, aldermen, and burgesses acting by the town council:

2

In any urban sanitary district in which the powers, jurisdictions, and authorities of the grand jury of the county in which such district is situate are vested and exerciseable by the urban sanitary authority, except as hereafter in this section mentioned, the urban sanitary authority:

3

In any harbour within the jurisdiction of a harbour authority, whether situate or not within the jurisdiction of any local authority before in this section mentioned, the harbour authority, to the exclusion of any other local authority:

4

In any place in which there is no local authority as before in this section defined, the justices in petty sessions assembled.

The expressions “urban sanitary authority” and “urban sanitary district” have the same meanings respectively as in the M4Public Health (Ireland) Act 1874.

117 Power of certain local bodies to become a local authority.

The urban sanitary authority of any district in Ireland which is not constituted a local authority by this Act may, by order of a Secretary of State made upon the application of such authority and published in the Dublin Gazette, be declared to be a local authority for the purposes of this Act, and thereupon shall become a local authority accordingly for such part of their district as is not included in any harbour to the exclusion of the justices in petty sessions.

118 Expenses of local authority.

All expenses incurred by any local authority in carrying into effect the execution of this Act in Ireland including the salary and expenses of any officer directed by them to act under this Act, shall be paid out of the local rate. The local rate shall for the purposes of this Act mean as follows; that is to say,

  • In the city of Dublin, the borough fund or borough rate;

  • In urban sanitary districts where the urban sanitary authority are the local authority, any fund, moneys, or rate applicable or leviable by such authority for any purposes of improvement within their district;

  • In harbours, any moneys, fund, or rate applicable or leviable by the harbour authority for any harbour purposes; and

  • In any places where the justices in petty sessions are the local authority, the poor rates:

And the local rate or any increase of the local rate may, notwithstanding any limitation in any Act, be levied for the purposes of this Act.

F106119 Form of registers of store licenses and registered premises, and amount of fees, to be approved by Secretary of State.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F106F126120. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F106F127121. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

122. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F63