Explosives Act 1875

Exemptions and SavingsU.K.

97 Exemption of Government factories, &c. from the Act. U.K.

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

F2(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3[(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:

F598 Saving for rocket and fog stations.U.K.

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99. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6U.K.

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

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.

F7101Saving for rockets, gunpowder, &c. on board ship in compliance with 17 & 18 Vict. c. 104.U.K.

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102 Saving clause as to liability.U.K.

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.

F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F9103 Powers of Act cumulative, with power to make provisional order for repealing local Acts.U.K.

All powers given by this Act shall be deemed to be in addition to and not in derogation of any other powers conferred on any local authority by Act of Parliament, but the Secretary of State may, on the application of [F10the Health and Safety Commission or of] any local authority, or of any council of a borough, or any [F11district council], or on the application of any persons making, keeping, importing, exporting, or selling any explosive within the jurisdiction of any local authority, council, or [F11district council], after notice to [F10the said Commission or to] such authority, make an order for repealing, altering or amending all or any of the provisions of any Act of Parliament, charter, or custom respecting the manufacture, keeping, conveyance, importation, exportation, or sale of an explosive, or the powers of such council or authority for regulating the same, or otherwise in relation to an explosive.

Notice of the draft of every such order shall be advertised not less than one month before the order is made, and the Secretary of State shall consider all objections to such draft order sent to him in writing during the said month, and shall, if it seem to him necessary, direct a local inquiry into the validity of any such objections.

Any such order shall be of no force unless confirmed by Parliament, but when so confirmed shall have effect, with such modifications or alterations as may be therein made by Parliament.

If while a Bill confirming any such order is pending in either House of Parliament, a petition is presented against such order, the Bill, so far as it relates to such order, may be referred to a Select Committee, and the petitioner shall be allowed to appear and oppose the same as in the case of a Bill for a private Act.

An order under this section may also be made for revoking or altering an order under this section previously made and confirmed by Parliament.]