The Explosives Acts 1875 and 1923 etc. (Repeals and Modifications) Regulations 1974

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Explosives Acts 1875 and 1923 etc. (Repeals and Modifications) Regulations 1974 and shall come into operation on 1st January 1975.

(2) The Interpretation Act 1889 shall apply to the interpretation of these Regulations as it applies to the interpretation of an Act of Parliament.

Repeals and modifications—the Explosives Act 1875

2.  In the Explosives Act 1875 (“the 1875 Act”)—

(a)the provisions mentioned in column 1 of Schedule 1 to these Regulations are hereby repealed to the extent specified in column 2 of that Schedule; and

(b)the provisions mentioned in Schedule 2 to these Regulations shall have effect subject to the modifications specified in that Schedule.

Modifications—instruments under the Explosives Act 1875

3.—(1) The Orders in Council and Orders of the Secretary of State made under the 1875 Act shall have effect as if for any reference therein to a government inspector or to Her Majesty's Inspectors of Explosives there were substituted a reference to an inspector appointed by the Health and Safety Executive under section 19 of the 1974 Act.

(2) The provisions specified in column 3 of Schedule 3 to these Regulations of the instruments mentioned in column 1 of that Schedule shall have effect as if for any reference therein to the Secretary of State there were substituted a reference to the Health and Safety Executive.

(3) The Order of the Secretary of State (No. 9) dated 23rd June 1919 relating to compressed acetylene contained in a porous substance(1) shall have effect as if the references to the Home Office in Conditions 1 and 5 were omitted.

Repeal—the Explosives Act 1923

4.  Section 3 of the Explosives Act 1923 is hereby repealed.

Repeal—the Revenue Act 1909

5.  Section 11 of the Revenue Act 1909 is hereby repealed.

Repeal and modification—the Fireworks Act 1951

6.  In the Fireworks Act 1951—

(a)in section 1(1), for the words “a government inspector for the purposes of the Explosives Act 1875 (hereinafter referred to as “the principal Act”)” there shall be substituted the words “an inspector appointed by the Health and Safety Executive under section 19 of the Health and Safety at Work etc. Act 1974” ;

(b)in section 2(3), for the words “a government inspector” there shall be substituted the words “an inspector”; and

(c)in section 4—

(i)for the references in subsections (1) and (3) and the first two references in subsection (2) to the Secretary of State there shall be substituted references to the Health and Safety Executive; and

(ii)for the words in subsection (2) “any such notice as he might serve” there shall be substituted the words “any such notice as the Secretary of State might serve”.

Modification—the Emergency Laws (Miscellaneous Provisions) Act 1953 etc

7.—(1) In section 3 of the Emergency Laws (Miscellaneous Provisions) Act 1953—

(a)in subsection (4), for the words from “liable” to the end of the subsection there shall be substituted the words “guilty of an offence”; and

(b)at the end, there shall be added the following subsection:—

“(6) The provisions of section 50 of the Health and Safety at Work etc. Act 1974 shall apply to the power to make an order under this section as they apply to a power to make regulations.”

(2) In the Control of Explosives Order 1953(2), for the references in paragraphs 2(3) and 4(2) to a government inspector there shall be substituted references to an inspector appointed by the Health and Safety Executive under section 19 of the 1974 Act.

Supplemental

8.—(1) These Regulations shall not affect the validity of anything done under the provisions of enactments or instruments repealed or modified by the Regulations before the coming into operation of the Regulations; and anything which at the coming into operation of the Regulations is in process of being done for the purposes of those provisions—

(a)by or in relation to a government inspector for the purposes of the Explosives Act 1875; or

(b)by or in relation to the Secretary of State,

may be continued, so far as may be necessary for the purposes of or in consequence of the provisions of the Regulations, in the case mentioned in paragraph (a) above, by or in relation to an inspector appointed by the Health and Safety Executive under section 19 of the 1974 Act and, in the case mentioned in paragraph (b) above, by or in relation to the said Executive.

(2) Any application made or notice, licence or exemption given or granted or any other thing done by or in relation to a government inspector or the Secretary of State before the date of the coming into operation of these Regulations which after that date would fall to be made, given, granted or done by or in relation to an inspector appointed by the Health and Safety Executive under section 19 of the 1974 Act or the Health and Safety Executive, shall continue in effect as if made, given or done by or in relation to such an inspector or the said Executive.

(3) Where any of the provisions repealed or modified by these Regulations prescribes a penalty for an offence of any kind, that penalty shall, notwithstanding these Regulations, continue to apply to offences of that kind committed before 1st January 1975.

(4) Orders in Council, orders, rules and other instruments of a legislative character made or having effect under any provision repealed by these Regulations and in force immediately before the coming into operation of these Regulations shall continue in force notwithstanding the repeal of that provision.

Northern Ireland

9.  These Regulations shall not apply to Northern Ireland.