This Act shall not apply—
(1)To any factory, magazine, store, premises, wharf, place, or explosive under the control of the Secretary of State, . . . F1, 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
F2F3(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2F3(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4[(5)To the conveyance of any explosive under the control of a Secretary of State, . . . F1, 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 . . . F1 other department of the Government:
Textual Amendments
F1Words repealed by S.I. 1964/488, Sch. 1 Pt. I
F2S. 97(3)(4) repealed (N.I.) (1.12.2006) by The Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006 (S.R. 2006/425), reg. 1, Sch. 6 para. 1(9), Sch. 7 Pt. 1 (with reg. 26)
F3S. 97(3)(4) repealed (E.W.S.) (26.4.2005 with application outside E.W.S. as mentioned in reg. 3 of the repealing S.I.) by The Manufacture and Storage of Explosives Regulations 2005 (S.I. 2005/1082), Sch. 5 para. 1(11), Sch. 6 (with reg. 3)
F4S. 97(5) repealed (E.W.S.) by S.I. 1989/615, reg. 19(1)
F5Words in s. 97 repealed (E.W.S.) (26.4.2005 with application outside E.W.S. as mentioned in reg. 3 of the repealing S.I.) by The Manufacture and Storage of Explosives Regulations 2005 (S.I. 2005/1082), Sch. 5 para. 1(11), Sch. 6 (with reg. 3)
F6Words in s. 97 omitted (N.I.) (1.12.2006) by virtue of The Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006 (S.R. 2006/425), reg. 1, Sch. 6 para. 1(9), Sch. 7 Pt. 1 (with reg. 26)
Modifications etc. (not altering text)
C1S. 97 extended by S.I. 1965/1536, Sch. 3
C2Reference to ships to be construed as including reference to aircraft: S.R. & O. 1918/548 (Rev. I, p. 896: 1918 I, p. 50)
C3References to departments of Government except second reference in s. 97(5) to be construed as including references to United Kingdom Atomic Energy Authority: Atomic Energy Authority Act 1954 (c. 32), Sch. 3
C4S. 97(5) extended as to explosives certified as conveyed in connection with execution of contract with Government department or with service authorities of visiting force or wth a designated headquarters or defence organisation by Emergency Laws (Miscellaneous Provisions) Act 1947 (11 & 12 Geo. 6 c. 10), Sch. 2 para. 4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F7S. 98 repealed (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(10), Sch. 7 Pt. 1 (with reg. 26)
F8S. 98 repealed (E.W.S.) (26.4.2005 with application outside E.W.S. as mentioned in reg. 3 of the repealing S.I.) by The Manufacture and Storage of Explosives Regulations 2005 (S.I. 2005/1082), Sch. 5 para. 1(12), Sch. 6 (with reg. 3)
Textual Amendments
F9S. 99 repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XI
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.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F10S. 101 repealed (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(10), Sch. 7 Pt. 1 (with reg. 26)
F11S. 101 repealed (E.W.S.) (26.4.2005 with application outside E.W.S. as mentioned in reg. 3 of the repealing S.I.) by The Manufacture and Storage of Explosives Regulations 2005 (S.I. 2005/1082), Sch. 5 para. 1(12), Sch. 6 (with reg. 3)
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.
Textual Amendments
F12Words in s. 102 repealed (E.W.S.) (26.4.2005 with application outside E.W.S. as mentioned in reg. 3 of the repealing S.I.) by The Manufacture and Storage of Explosives Regulations 2005 (S.I. 2005/1082), Sch. 5 para. 1(13), Sch. 6 (with reg. 3)
F13Words in s. 102 omitted (N.I.) (1.12.2006) by virtue of The Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006 (S.R. 2006/425), reg. 1, Sch. 6 para. 1(11), Sch. 7 Pt. 1 (with reg. 26)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F14S. 103 repealed (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(12), Sch. 7 Pt. 1 (with reg. 26)
F15S. 103 repealed (E.W.S.) (26.4.2005 with application outside E.W.S. as mentioned in reg. 3 of the repealing S.I.) by The Manufacture and Storage of Explosives Regulations 2005 (S.I. 2005/1082), Sch. 5 para. 1(14), Sch. 6 (with reg. 3)