Explosives Act 1875

Part I.—Law relating to GunpowderU.K.

General Law as to Manufacture and Keeping of GunpowderU.K.

F14 Gunpowder to be manufactured only at factory lawfully existing or licensed under this Act.U.K.

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F15 Gunpowder (except for private use) to be kept only in existing or new magazine or store, or in registered premises.E+W+S

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F1... Gunpowder (except for private use) to be kept only in existing or new magazine or store, or in registered premises.N.I.

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Licensing of Factories and Magazines for GunpowderU.K.

F16 Application for license for new factory or magazine. U.K.

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F17 Application for assent of local authority to site of new factory or magazine.U.K.

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F18 Grant and confirmation of license.U.K.

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Regulation of Factories and Magazines for GunpowderU.K.

F19 Regulation of factories and magazines for gunpowder.U.K.

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F110 General rules for factories and magazines.U.K.

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F111 Special rules for regulation of workmen in factory or magazineb.U.K.

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Supplemental as to Factories and Magazines for GunpowderU.K.

F112 Alteration of terms of license and enlargement of factory or magazine.U.K.

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F113 Devolution and determination of license.U.K.

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Application of Act to existing Factories and Magazines for GunpowderU.K.

F114 Continuing certificate for existing factories and magazines.U.K.

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Consumers Stores for Gunpowder Licensing and Regulation of StoresU.K.

F115 Store license to be obtained from local authority. U.K.

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F116 Order in Council prescribing situation and construction of stores.U.K.

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F117 General rules for stores.U.K.

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F118 Non–transferability, renewal, and forms of store licenses. U.K.

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F119 Special rules for regulation of workmen in stores.U.K.

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Application of Act to existing Stores for GunpowderU.K.

F120 Definition of and continuing certificate for existing stores which are to be subject to this Act.U.K.

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Retail Dealing with Gunpowder Registration and Regulation of Registered PremisesU.K.

F121 Registration of premises with local authority. U.K.

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F122 General rules for registered premises. U.K.

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Supplemental ProvisionsU.K.

[F223Precautions against unauthorised accessU.K.

(1)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 in section 53 of the Health and Safety at Work etc. Act 1974.

[F3(3)In this section, “premises” has the meaning given by Article 2(2) of the Health and Safety at Work (Northern Ireland) Order 1978.]]

F5[F424 Explanation as to quantities of gunpowder allowed in buildings.U.K.

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F525. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

F526 Fees for licenses. U.K.

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F527 Adjoining places occupied together to be one place.U.K.

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F528 Register of store licenses and registered premises to be kept by local authority.U.K.

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F529 Provision in case of death, &c. of occupier of store or registered premises.U.K.

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Sale of GunpowderU.K.

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

Gunpowder shall not be hawked, sold, or exposed for sale upon any [F6highway, street, public thoroughfare, or][F6road 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 [F7£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.U.K.

[F8(1)]Gunpowder shall not be sold to [F9any person apparently under the age of sixteen] years; and any person selling gunpowder in contravention of this section [F10shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale]

[F11(2)Subsection (1) does not apply to—

(a)pyrotechnic articles within the meaning set out in regulation 3 of the Pyrotechnic Articles (Safety) Regulations 2015; or

(b)percussion caps intended specifically for toys within the meaning set out in regulation 4(2) of the Toys (Safety) Regulations 2011 (S.I. 2011/1881).]

32 Sale of gunpowder to be in closed packages labelled.U.K.

All gunpowder exceeding [F12500 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 [F13£2] ; and

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

Conveyance of GunpowderU.K.

F14F15[33] General rules as to packing of gunpowder for conveyance.N.I.

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[F1634 Byelaws by harbour authority as to conveyance, loading, &c. of gunpowder. U.K.

Every harbour authority shall, with the sanction of the [F17Secretary 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 [F18£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 [F17Secretary of State] may, if [F17he thinks] it expedient, make byelaws under this section for that part or water as if it were a harbour and [F17he] were the harbour authority, and such byelaws shall be deemed to have been made by a harbour authority with the sanction of the [F17Secretary of State] ; and [F17he] 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.]

F1935 Byelaws by railway and canal company as to conveyance, loading, &c. of gunpowder. U.K.

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F1936 Byelaws as to wharves in which gunpowder is loaded or unloaded.U.K.

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F1938 Confirmation and publication of byelaws.U.K.

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