UNITED KINGDOM STATUTORY INSTRUMENT
1974 No. 1885
HEALTH AND SAFETY EXPLOSIVES
The Explosives Acts 1875 and 1923 etc. (Repeals and Modifications) Regulations 1974
Made 12th November 1974
Laid before Parliament 21th November 1974
Coming into Operation 1st January 1975
The Secretary of State in exercise of the powers conferred on him by sections 15(1) and (3)(a), 80(1) and 82(3)(a) of the Health and Safety at Work etc. Act 1974 (“the 1974 Act”) and of all other powers enabling him in that behalf, and after consultation with the Health and Safety Commission and such other bodies as appeared to him to be appropriate, hereby makes the following Regulations:—
S-1
Citation, commencement and interpretationCitation, 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(a) the provisions mentioned in column 1 of Schedule 1 to these Regulations are hereby repealed to the extent specified in column 2 of that Schedule; and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 substanceshall 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 Section 3 of the Explosives Act 1923 is hereby repealed.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—
(b) in section 2(3), for the words there shall be substituted the words ; 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) there shall be substituted the words .
Modification—the Emergency Laws (Miscellaneous Provisions) Act 1953 etc
7.—(1) In section 3 of the Emergency Laws (Miscellaneous Provisions) Act 1953—
(a)
(a) in subsection (4), for the words from to the end of the subsection there shall be substituted the words ; and
(b)
(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, 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)
(a) by or in relation to a government inspector for the purposes of the Explosives Act 1875; or
(b)
(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.
Harold Walker
Joint Parliamentary Under Secretary of State
Department of Employment
12th November 1974
SCHEDULE 1
Regulation 2(a)
THE EXPLOSIVES ACT 1875
Repeals
Provision |
Extent of Repeal |
Section 8. |
The words from
to
.
|
Section 11. |
The words from
to the end of the section.
|
Section 24. |
The words from
to
.
|
Section 25. |
The whole section. |
Section 26. |
The words from
to
.
|
Section 28. |
The words from
to the end of the section.
|
Section 29. |
The words
.
|
Section 37. |
The whole section. |
Sections 53 to 57. |
The whole section in each case. |
Section 59. |
The whole section. |
Section 62. |
The whole section. |
Section 63. |
The words from
to
.
|
Sections 65 and 66. |
The whole section in each case. |
Section 69. |
The whole section except the first paragraph. |
Section 73. |
The whole section. |
Sections 75 and 76. |
The whole section in each case. |
Section 79. |
The whole section. |
Section 81. |
The whole section. |
Section 85. |
The whole section. |
Sections 87 and 88. |
The whole section in each case. |
Section 89. |
The whole section except for the purposes of sections 30 and 32. |
Section 91. |
The whole section except as aforesaid. |
Section 92. |
The whole section. |
Sections 93 and 94. |
The whole section except as aforesaid. |
Section 96. |
The first paragraph. |
Schedule 2. |
The whole Schedule. |
SCHEDULE 2
Regulation 2(b)
THE EXPLOSIVES ACT 1875
Modifications
1. In section 4, for the words from to the end of the section there shall be substituted the words
2. In section 5, for the words from to the end of the section there shall be substituted the words
3. In sections 6, 8, 10(3) and (6), 11 to 13, 18, 19, 28, 40(1) and (9), 43, 45 to 47, 49 (as amended by the Fireworks Act 1951), 63, 64 and 72, for the references to the Secretary of State there shall be substituted references to the Health and Safety Executive.
4. In section 9, for the words from to the end of sub-paragraph (b) there shall be substituted the words
