EXPLOSIVES ACT 1875

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EXPLOSIVES ACT 1875 - SECT 20



20. Any magazine established without a license from a local authority in
pursuance of the Gunpowder Act, 1860, or of any enactment repealed by that
Act, for the use of any mine, quarry, colliery, or factory of safety fuzes,
and in use at the passing of this Act, is in this Act referred to as an
existing gunpowder store.

An existing gunpowder store shall not require a continuing certificate as a
magazine from the Secretary of State, but shall require a continuing
certificate from the local authority, and if such certificate is not applied
for and obtained in manner provided by this Act, shall not be deemed to be a
lawfully existing store.

The occupier of the store desirous of obtaining a continuing certificate
shall, before the expiration of three months after the commencement of
this Act, send an application for such certificate to the local authority,
stating his name, address, and calling, and the situation and construction of
the store, and accompanied by such particulars respecting the store as may be
necessary to enable the local authority to make out the certificate.

The local authority upon receiving such application shall, as soon as
practicable, on payment of such fee, not exceeding half a crown as may be
fixed by that authority, grant the continuing certificate, inserting therein
such particulars as appear to them to be sufficient to identify the store, and
inserting the maximum amount of gunpowder which the store is to be limited to
hold, and such amount shall be the maximum amount which the store was capable
of holding on the first day of January one thousand eight hundred and
seventy-five, or such less amount as is limited by the regulations below in
this section mentioned.

The regulations in Part Two of the First Schedule to this Act shall apply to
every store to which a continuing certificate is granted, as if they were
contained in an Order in Council under this Act relating to stores.

For the purposes of this Act a continuing certificate for a store shall, save
as otherwise expressly provided, be deemed to be a license, and the store a
store licensed under this Act, and the provisions of this Act shall be
construed accordingly.

Provided that

(1)The store shall not be enlarged, or added to, or so altered as to be of a
less secure construction, and any breach of this proviso shall be deemed to be
a breach of the general rules relating to stores; and

(2)The continuing certificate shall not be limited in duration, but if the
business carried on in the store is discontinued, and either such
discontinuance continues for a period of twelve months or more, or the store
is used for another purpose, such store shall cease to be deemed an existing
gunpowder store.

Nothing in this section shall prevent the obtaining for any existing gunpowder
store of a license from the [Ministry of Home Affairs] under this Act, as in
the case of a new store, and a store for which such license is obtained shall,
whether a continuing certificate has or has not been previously obtained for
the same, cease to be deemed an existing gunpowder store.

....

Registration of premises with Ministry of Home Affairs.

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Northern Irish Legislation

EXPLOSIVES ACT 1875 - SECT 20