C1Part I.—Law relating to Gunpowder

Annotations:
Modifications etc. (not altering text)
C1

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

Sale of Gunpowder

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

Gunpowder shall not be hawked, sold, or exposed for sale upon any F1highway, street, public thoroughfare, orF1road 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 F2£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.

F71

Gunpowder shall not be sold to F3any person apparently under the age of sixteen years; and any person selling gunpowder in contravention of this section F4shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale

F82

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 F5500 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 F6£2 ; and

2

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