Explosives Act 1875
| Jurisdiction | UK Non-devolved |
Explosives Act, 1875
(38 & 39 Vict.) CHAPTER 17.
An Act to amend the Law with respect to manufacturing, keeping, selling, carrying, and importing Gunpowder, Nitro-glycerine, and other explosive substances.
[14th June 1875]
B E it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
Preliminary.
1 Short title.
1. This Act may be cited as theExplosives Act, 1875.
2 Commencement of Act.
2. This Act shall come into operation on the first day of January one thousand eight hundred and seventy-six, in this Act referred to as the commencement of this Act; but any Order in Council, order, general rules, and byelaws, and any appointment to an office, may be made under this Act at any time after the passing thereof, but shall not take effect until the commencement of this Act.
3 Substances to which this Act applies.
3. This Act shall apply to gunpowder and other explosives as defined by this section.
The term ‘explosive’ in this Act—
(1) (1.) Means gunpowder, nitro-glycerine, dynamite, guncotton, blasting powders, fulminate of mercury or of other metals, coloured fires, and every other substance, whether similar to those above mentioned or not, used or manufactured with a view to produce a practical effect by explosion or a pyrotechnic effect; and
(2) (2.) Includes fog-signals, fireworks, fuzes, rockets, percussion caps, detonators, cartridges, ammunition of all descriptions, and every adaptation or preparation of an explosive as above defined.
PART I.
Law relating to Gunpowder.
General Law as to Manufacture and Keeping of Gunpowder.
4 Gunpowder to be manufactured only at factory lawfully existing or licensed under this Act.
4. The manufacture of gunpowder shall not, nor shall any process of such manufacture, be carried on except at a factory for gunpowder either lawfully existing or licensed for the same under this Act.
Provided that nothing in this section shall apply to the making of a small quantity of gunpowder for the purpose of chemical experiment and not for practical use or for sale.
If any person manufactures gunpowder or carries on any process of such manufacture at any place at which he is not allowed by this section so to do, he shall be deemed to manufacture gunpowder at an unauthorised place.
Where gunpowder is manufactured at an unauthorised place—
1. All or any part of the gunpowder or the ingredients of gunpowder which may be found either in or about such place or in the possession or under the control of any person convicted under this section, may be forfeited; and
2. The person so manufacturing shall be liable to a penalty not exceeding one hundred pounds a day for every day during which he so manufactures.
5 Gunpowder \(except for private use) to be kept only in existing or new magazine or store, or in registered premises.
5. Gunpowder shall not be kept at any place except as follows; that is to say,
(1) (1.) Except in the factory (either lawfully existing or licensed for the same under this Act) in which it is manufactured; or
(2) (2.) Except in a magazine or store for gunpowder either lawfully existing or licensed under this Act for keeping gunpowder; or
(3) (3.) Except in premises registered under this Act for keeping gunpowder.
Provided that this section shall not apply—
(1) (1.) To a person keeping for his private use and not for sale gunpowder to an amount not exceeding on the same premises thirty pounds; or
(2) (2.) To the keeping of any gunpowder by a carrier or other person for the purpose of conveyance, when the same is being conveyed or kept in accordance with the provisions of this Act with respect to the conveyance of gunpowder.
Any gunpowder kept in any place other than as above in this section mentioned shall be deemed to be kept in an unauthorised place.
Where any gunpowder is kept in an unauthorised place—
(1) (1.) All or any part of the gunpowder found in such place may be forfeited; and
(2) (2.) The occupier of such place, and also the owner of, or other person guilty of keeping the gunpowder, shall each be liable to a penalty not exceeding two shillings for every pound of gunpowder so kept.
Licensing of Factories and Magazines for Gunpowder.
6 Application for license for new factory or magazine.
6. A new factory or magazine for gunpowder shall not be established except on the site and in the manner specified in a license for the same granted under this Act.
An applicant for such a license shall submit to the Secretary of State the draft of a license accompanied by a plan (drawn to scale) of the proposed factory or magazine, and the site thereof (which plan shall be deemed to form part of and to be in this Act included in the expression ‘the license’).
The draft license shall contain the terms which the applicant proposes to have inserted in the license, and shall specify such of the following matters as are applicable; namely,
The Secretary of State, after examination of the proposal, may reject the application altogether or may approve of the draft license, with or without modification or addition, and grant to the applicant permission to apply to the local authority for their assent to the establishment of the factory or magazine on the proposed site.
7 Application for assent of local authority to site of new factory or magazine.
7. The local authority, upon application being made for their assent to the establishment of a new factory or magazine on the proposed site, shall cause notice to be published by the applicant in manner directed by this Act of the application and of the time and place at which they will be prepared to hear the applicant, and any persons objecting to such establishment who have not less than seven clear days before the day of hearing sent to the clerk of the local authority and to the applicant notice...
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