EXPLOSIVES ACT 1875 - SECT 40 Modification of Part I as applied to explosives other than gunpowder.

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EXPLOSIVES ACT 1875 - SECT 40

Modification of Part I as applied to explosives other than gunpowder.

40. The following modifications and additions shall be made in and to Part One
of this Act as applied to explosives other than gunpowder:

(1)The draft license for a factory or magazine submitted by an applicant to
the Secretary of State shall specify such particulars as the Secretary of
State may require; and

(2)The prescribed general rules shall be substituted for the general rules in
Part One of this Act relating to factories, magazines, stores, and registered
premises respectively; but no such general rule shall require the removal of
any building or work in use at the date of the Order in Council by which such
rule is made;

(3)The Secretary of State may from time to time alter the general rules
relating to packing contained in Part One of this Act for the purpose of
adapting the same to the packing of any explosive other than gunpowder; and

(4)For the maximum amount limited by Part One of this Act to be kept for
private use and not for sale, or in a store, and for the minimum amount
limited by Part One of this Act to be exposed for sale or sold otherwise than
in a substantial case, box, canister, or other receptacle as therein
mentioned, there shall be substituted in the case of explosives other than
gunpowder the following amounts; namely,

(a)Where such explosive consists of safety cartridges made with gunpowder, an
amount containing not more than five times the maximum or minimum amount of
gunpowder, as the case may be, above mentioned; and

(b)In the case of any other explosive, the prescribed amount; and

(5)Two or more descriptions of explosives shall not be kept in the same store
or registered premises except such descriptions as may be prescribed in that
behalf; and, when so kept, shall be kept subject to the prescribed conditions
and restrictions; and

(6)Where any explosive, other than gunpowder, is allowed to be kept in the
same store or registered premises with gunpowder, the maximum amount of
gunpowder to be kept therein shall be the prescribed amount in lieu of the
amount fixed by Part One of this Act; and

(7)Where any explosive, other than gunpowder, is allowed to be kept in the
same magazine, store, or registered premises with gunpowder, the prescribed
general rules shall be observed instead of the general rules in Part One of
this Act; and

(8)There shall be on the outermost package containing the explosive in lieu of
the word "gunpowder" the name of the explosive, with the addition of the word
"explosive," and if such name is materially false the person selling or
exposing for sale such explosive, and also the owner of the explosive, shall
be liable to a penalty not exceeding [two hundred pounds]:

(9) With respect to the importation from any place out of the United Kingdom
of either dynamite or gun-cotton, or any explosive (other than gunpowder,
cartridges made with gunpowder, percussion caps, fireworks, and any prescribed
explosive), the following provisions shall have effect; that is to say,

(a)The owner and master of any ship having on board any such explosive shall
not permit the same to be unloaded and delivered to any person who does not
hold a license to import the same (in this Act called an importation license)
from the Secretary of State, and any transhipment shall for the purpose of
this section be deemed to be delivery; and

(b)The Secretary of State may grant an importation license for any such
explosive, and may annex thereto any prohibitions and restrictions with
respect to the composition and quality of the explosive, and the unloading,
landing, delivery, and conveyance thereof, and such further provisions and
restrictions as he may think fit, for the protection of the public from
danger; and

<(c)The license shall be of such duration as the Secretary of State may fix, and shall be available only for the person named in the license; and


(d)In the event of any breach (by any act or default) of the provisions of
this section with respect to the importation of an explosive, or of the
provisions of any importation license, all or any part of the explosive with
respect to which such breach is committed, or being in any ship or boat in
connexion with which such breach is committed, may be forfeited; and the owner
and master of such ship or boat, and the licensee or person to whom the
explosive is delivered, shall each be liable to a penalty not exceeding one
hundred pounds, and to a further penalty not exceeding [10p] for every pound
of such explosive; and

<(e)The Commissioners of Customs and their officers shall have the same power with respect to any such explosive, and the ship containing the same, as they have for the time being with respect to any article on the importation of which restrictions are for the time being imposed by the law relating to [customs or excise], and the ship containing the same, and the enactments for the time being in force relating to [customs or excise] or any such article or ship shall apply accordingly.

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Northern Irish Legislation

EXPLOSIVES ACT 1875 - SECT 40