EXPLOSIVES ACT 1875 - SECT 56 Notice by Government inspector to remedy dangerous practices, &c. and penalty for non-compliance.

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EXPLOSIVES ACT 1875 - SECT 56

Notice by Government inspector to remedy dangerous practices, &c. and penalty for non-compliance.

56. If in any matter (which is not provided for by any express provision of
this Act) an inspector find any factory, magazine, or store for an explosive,
or any part thereof, or any thing or practice therein or connected therewith,
to be unnecessarily dangerous or defective, so as in his opinion to tend to
endanger the public safety or the bodily safety of any person, such inspector
may require the occupier of such factory, magazine, or store to remedy the
same.

Where the occupier objects to comply with the requisition he may require the
matter to be referred to arbitration in manner provided by this Act.

No person shall be precluded by any contract from doing such acts as may be
necessary to comply with a requisition or award under this section; and no
person shall be liable under any contract to any penalty or forfeiture for
doing those acts if he gave notice of such contract to the inspector at or
before the time at which the inspector made the requisition or to the
arbitrators before the award was made.

If the occupier fail to comply with the requisition or award within twenty
days after the expiration of the time for requiring the matter to be referred
to arbitration if there is no reference to arbitration, or if there is such a
reference after the date of the award, he shall be liable to a penalty not
exceeding [two hundred pounds].

Provided that the court, if satisfied that the occupier has taken active
measures for complying with the requisition or award, but has not, with
reasonable diligence, been able to complete the works, may adjourn any
proceedings taken before them for punishing such failure, and if the works are
completed within a reasonable time in the opinion of the court, no penalty
shall be inflicted.

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Northern Irish Legislation

EXPLOSIVES ACT 1875 - SECT 56