- Latest available (Revised)
- Original (As enacted)
Public Stores Act 1875
You are here:
- Previous
- Next
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Opening Options
More Resources
Changes over time for: Public Stores Act 1875
Alternative versions:
Changes to legislation:
Public Stores Act 1875 is up to date with all changes known to be in force on or before 01 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to :
- s. 8 words repealed by 2003 c. 44 Sch. 37 Pt. 9
Public Stores Act 1875
1875 CHAPTER 25 38 and 39 Vict
An Act to consolidate, with amendments, the Acts relating to the Protection of Public Stores.
[29th June 1875]X1
Editorial Information
X1This Act is not necessarily in the form in which it has effect in Northern Ireland.
Modifications etc. (not altering text)
C1Act extended by S.I. 1972/971, Sch. 1
Commencement Information
I1Act wholly in force at Royal Assent.
1 Short title.U.K.
This Act may be cited as “The Public Stores Act 1875.”
2 Interpretation of terms.U.K.
In this Act—
F1. . .
The term “stores” includes all goods and chattels, and any single store or article:
F1. . .
F2. . .
F1. . .
F2. . .
Textual Amendments
F1Definitions repealed by Statute Law Revision (No. 2) Act 1893 (c. 54)
F2S. 2: definition of "court of summary jurisdiction" repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. I Group 1
3 Stores to which the Act applies.U.K.
This Act shall apply to all stores under the care, superintendence, or control of a Secretary of State F3. . ., or any public department or office, or of any person in the service of Her Majesty, and such stores are in this Act referred to as Her Majesty’s stores. The Secretary of State, F3. . ., public department, office, or person having the care, superintendence, or control of such stores, are herein-after in this Act included in the expression public department.
Textual Amendments
F3Words repealed by S.I. 1964/488, Sch. 1 Pt. II
4 Marks in schedule appropriated for public stores.U.K.
The marks described in the First Schedule to this Act may be applied in or on stores F4. . . in order to denote Her Majesty’s property in stores so marked; and it shall be lawful for any public department, and the contractors, officers, and workmen of such department, to apply those marks, or any of them, in or on any such stores; and if any person without lawful authority (proof of which authority shall lie on the party accused) applies any of those marks in or on any such stores he shall be guilty of a misdemeanor, and shall on conviction thereof be liable to be imprisoned for any term not exceeding two years, F5. . .
Textual Amendments
F4Words in s. 4 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. I Group 1
F5Words omitted (E.W.) by virtue of Criminal Justice Act 1948 (c. 58), s. 1(2); and (S.) by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), s. 221(2); and (N.I.) by virtue of Criminal Justice Act (Northern Ireland) 1953 (c. 14), s. 1(2)
5 Obliteration with intent to concealment. U.K.
If any person with intent to conceal Her Majesty’s property in any stores takes out, destroys, or obliterates, wholly or in part, any such mark as aforesaid, or any mark whatsoever denoting the property of Her Majesty in any stores, he shall be guilty of felony and shall on conviction thereof be liable, in the discretion of the court before which he is convicted, to be kept in penal servitude for any term not exceeding seven years F6. . .
Textual Amendments
F6Words repealed by Statute Law Revision (No. 2) Act 1893 (c. 54)
Modifications etc. (not altering text)
C2Reference to penal servitude to be construed as reference to imprisonment: (E.W.) Criminal Justice Act 1948 (c. 58), s. 1(1); (S.) Criminal Procedure (Scotland) Act 1975 (c. 21), s. 221(1); and (N.I.) Criminal Justice Act (Northern Ireland) 1953 (c. 14), s. 1(1)
C3S. 5 amended as to mode of trial by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 1 para. 8; and (N.I.) by The Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675), Sch. 2 para. 8 (as substituted by The Criminal Justice (Northern Ireland) Order 1986 (S.I. 1986/1883), art. 3(2), Sch. 2)
6 Power to stop suspected boats, persons, &c. U.K.
A constable of the metropolitan police force may, within the limits for which he is constable, and any constable, if deputed by a public department, may, within the limits for which he is constable, stop, search, and detain any vessel, boat or vehicle in or which there is reason to suspect that any of Her Majesty’s stores stolen or unlawfully obtained may be found, or any person reasonably suspected of having or conveying in any manner any of Her Majesty’s stores stolen or unlawfully obtained.
A constable shall be deemed to be deputed by a public department within the meaning of this section if he is deputed by any writing signed by the person who is the head of such department, or who is authorised to sign documents on behalf of such department.
Modifications etc. (not altering text)
C4S. 6 extended by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 6(3)
C5S. 6 extended by Atomic Energy Authority Act 1954 (c. 32), Sch. 3
[F77 Unlawful possession of Her Majesty’s stores.U.K.
If any person is brought before a court of summary jurisdiction charged with conveying or with having in his possession or keeping any of Her Majesty’s stores reasonably suspected of being stolen or unlawfully obtained, and does not give an account to the satisfaction of the court how he came by the same, he shall be deemed guilty of a misdemeanor, and shall be liable, on summary conviction, to a penalty not exceeding [F8level 1 on the standard scale], or, in the discretion of the court, to be imprisoned for any term not exceeding two months, F9. . .]
Textual Amendments
F7S. 7 repealed (E.W.S.) by Criminal Law Act 1977 (c. 45), s. 65(10), Sch. 13
F8Words substituted (N.I.) by virtue of The Fines and Penalties (Northern Ireland) Order 1984 (S.I. 1984/703), arts. 5-10
F9Words omitted (E.W.) by virtue of Criminal Justice Act 1948 (c. 58), s. 1(2); and (S.) by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), s. 221(2); and (N.I.) by virtue of Criminal Justice Act (Northern Ireland) 1953 (c. 14), s. 1(2)
8 Prohibition of sweeping, &c. near dockyards, artillery ranges, &c. U.K.
It shall not be lawful for any person, without permission in writing from a public department, or from some person authorised by a public department in that behalf (proof of which permission shall lie on the party accused,) to gather or search for stores, or to creep, sweep, or dredge in the sea or any tidal water, within one hundred yards from any vessel belonging to Her Majesty or in Her Majesty’s service, or from any mooring place or anchoring place appropriated to such vessels, or from any moorings belonging to Her Majesty, or from any of Her Majesty’s wharves, or dock, victualling, or steam factory yards, or within one thousand yards from any battery or fort used for the practice of artillery either by the Royal Artillery or by F10. . . volunteer artillery [F11or from any aerodrome used by the Air Force], or in or on any part of the spaces or distances, whether covered with water or not, from time to time marked out as ranges for artillery practice for the use of Her Majesty’s ships, or marked out and appropriated for ranges under the provisions of the M1Artillery Ranges Act 1862.
M2If any person acts in contravention of this provision he shall be liable, on summary conviction, to a penalty not exceeding [F12level 1 on the standard scale], or, in the discretion of the court, to be imprisoned for any term not exceeding two months, F13. . .
Textual Amendments
F10Words repealed by Territorial Army and Militia Act 1921 (c. 37), s. 4(1), Sch. 2
F11Words inserted by S.R. & O. 1918/548 (Rev. I, p. 896: 1918, p. 50)
F12Words substituted (E.W.) by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46; and (S.) by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G; and (N.I.) by virtue of The Fines and Penalties (Northern Ireland) Order 1984 (S.I. 1984/703), arts. 5-10
F13Words omitted (E.W.) by virtue of Criminal Justice Act 1948 (c. 58), s. 1(2); and (S.) by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), s. 221(2); and (N.I.) by virtue of Criminal Justice Act (Northern Ireland) 1953 (c. 14), s. 1(2)
Modifications etc. (not altering text)
C6Reference to steam factory yards to be construed as including reference to aircraft factories by virtue of S.R. & O. 1918/548 (Rev. I, p. 896: 1918, p. 50)
Marginal Citations
M2Penalty.
[F149 Penalty on dealer, &c. found in possession of stores, and not accounting for them.U.K.
If stores are found in the possession or keeping of a person being in Her Majesty’s service, or in the service of a public department, or being a dealer in marine stores or in old metals, [F15or a pawnbroker] (within the meaning of any enactments for the time being in force relating to such dealers [F15or to pawnbrokers]), and he is taken or summoned before a court of summary jurisdiction, and the court sees reasonable grounds for believing the stores found to be or to have been Her Majesty’s property, then if such person does not satisfy the court that he came lawfully by the stores so found, he shall be liable, on summary conviction, to a penalty not exceeding five pounds.]
Textual Amendments
F14S. 9 repealed (E.W.S.) by Criminal Law Act 1977 (c. 45), s. 65(10), Sch. 13
F15Words repealed (prosp.) by Consumer Credit Act 1974 (c. 39), s. 192(4), Sch. 5
[F1610 Criminal possession explained.U.K.
For the purposes of this Act stores shall be deemed to be in the possession or keeping of any person if he knowingly has them in the actual possession or keeping of any other person, or in any house, building, lodging, apartment, field, or place, open or enclosed, whether occupied by himself or not, and whether the same are so had for his own use or benefit or for the use or benefit of another.]
Textual Amendments
F16S. 10 repealed (E.W.S.) by Criminal Law Act 1977 (c. 45), s. 65(10), Sch. 13
F1711. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.
Textual Amendments
F17S. 11 repealed by Scrap Metal Dealers Act 1964 (c. 69), Sch. Pt. I
[F1812 U.K.
[F19(1)Any person may arrest without warrant anyone who is, or whom he, with reasonable cause, suspects to be, in the act of committing or attempting to commit an offence against section 5 or 8 of this Act.]
(2) If it is made to appear by information on oath before a justice of the peace that there is reasonable cause to believe that any person has in his custody or possession or on his premises any stores in respect of which an offence against section 5 of this Act has been committed, the justice may issue a warrant to a constable to search for and seize the stores as in the case of stolen goods, and the M3Police (Property) Act 1897 shall apply as if this subsection were among the enactments mentioned in section 1(1) of that Act. ]
Textual Amendments
F18S. 12 substituted by Theft Act 1968 (c. 60), Sch. 2 Pt. II
F19S. 12(1) repealed (E.W.) (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8)(8), Sch. 7 para. 7, Sch. 17 Pt. 2; S.I. 2005/3495, art. 2(1)(m)(u)
S. 12(1) repealed (N.I.) (1.3.2007) by The Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288), art. 1(2), Sch. 1 para. 7
Marginal Citations
13 Provision for regimental necessaries, &c. U.K.
The provisions of this Act relative to the taking out, destroying, or oblitering of marks, [F20or to the having in possession or keeping Her Majesty’s stores], shall not apply to stores issued as regimental necessaries or otherwise for any soldier, F21. . . or volunteer; but nothing herein shall relieve any person from any obligation or liability to which he may be subject under any other Act in respect of any such stores.
Textual Amendments
F20Words in s. 13 repealed (E.W.S.) (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. I Group1.
F21Words repealed by Territorial Army and Militia Act 1921 (c. 37), s. 4(1), Sch. 2
Modifications etc. (not altering text)
C7Reference to soldier to be construed as including reference to airman by virtue of S.R. & O. 1918/548 (Rev. I, p. 896: 1918, p. 50)
F2214. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
Textual Amendments
F22S. 14 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. I Group 1
F2315. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
Textual Amendments
F23S. 15 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. I Group 1
F2416. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
Textual Amendments
F24S. 16 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. I Group 1
F2517. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.
Textual Amendments
F25S. 17 repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. XV
F2618. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.
Textual Amendments
F26S. 18 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. I Group 1
FIRST SCHEDULEU.K. Marks appropriated for use in or on Her Majesty’s Stores
| Stores. | Marks. |
|---|---|
| F27. . . | F27. . . |
| F27. . . | F27. . . |
| F27. . . | F27. . . |
| F27. . . | F27. . . |
| F27. . . | The name of Her Majesty, her predecessors, her heirs or successors, or of any public department, or any branch thereof, or the broad arrow, or a crown, or Her Majesty’s arms, whether such broad arrow, crown, or arms be alone or be in combination with any such name as aforesaid, or with any letters denoting any such name. |
Textual Amendments
F27Words in Sch. 1 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. I Group 1
F28SECOND SCHEDULEU.K.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F28Sch. 2 repealed by Statute Law Revision Act 1883 (c. 39)
Options/Help
Print Options
PrintThe Whole Act
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.