Explosives Act 1875

1. Introductory Text

2. Preliminary

   1. 1. Short title

   2. 2. Commencement of Act

   3. 3. Substances to which this Act applies

3. PART I Law relating to Gunpowder

   1. General Law as to Manufacture and Keeping of Gunpowder

      1. 4. Gunpowder to be manufactured only at factory lawfully existing or licensed under this Act

      2. 5. Gunpowder (except for private use) to be kept only in existing or new magazine or store, or in registered premises

   2. Licensing of Factories and Magazines for Gunpowder

      1. 6. Application for license for new factory or magazine

      2. 7. Application for assent of local authority to site. of new factory or magazine

      3. 8. Grant and confirmation of license

   3. Regulation of Factories and Magazines for Gunpowder

      1. 9. Regulation of factories and magazines for gunpowder

      2. 10. General rules for factories and magazines

      3. 11. Special rules for regulation of workmen in factory or magazine

   4. Supplemental as to Factories and Magazines for Gunpowder

      1. 12. Alteration of terms of license and enlargement of factory or magazine

      2. 13. Devolution and determination of license

   5. Application of Act to existing Factories and Magazines for Gunpowder

      1. 14. Continuing certificate for existing factories and magazines

   6. Consumers Stores for Gunpowder

      Licensing and Regulation of Stores

      1. 15. Store license to be obtained from local authority

      2. 16. Order in Council prescribing situation and construction of stores

      3. 17. General rules for stores

      4. 18. Non-transferability, renewal, and forms of store licenses

      5. 19. Special rules for regulation of workmen in stores

   7. Application of Act to existing Stores for Gunpowder

      1. 20. Definition of and continuing certificate for existing stores which are to be subject to this Act

   8. Retail Dealing with Gunpowder

      Registration and Regulation of Registered Premises

      1. 21. Registration of premises with local authority

      2. 22. General rules for registered premises

   9. Supplemental Provisions

      1. 23. Precautions against fire or explosion to be taken by occupier

      2. 24. Explanation as to quantities of gunpowder allowed in buildings

      3. 25. Regulations as to arbitration

      4. 26. Fees for licenses

      5. 27. Adjoining places occupied together to be one place

      6. 28. Register of store licenses and registered premises to be kept by local authority

      7. 29. Provision in case of death, &c. of occupier of store or; registered premises

   10. Sale of Gunpowder

       1. 30. Restriction on sale of gunpowder in highways, &c

       2. 31. Penalty for sale of gunpowder to children

       3. 32. Sale of gunpowder to be in closed packages labelled

   11. Conveyance of Gunpowder

       1. 33. General rules as to packing of gunpowder for conveyance

       2. 34. Byelaws by harbour authority as to conveyance, loading, &c of gunpowder

       3. 35. Byelaws by railway and canal company as to conveyance, loading, &c. of gunpowder

       4. 36. Byelaws as to wharves in which gunpowder is loaded or unloaded

       5. 37. Byelaws as to conveyance by road or otherwise;, or loading of gunpowder. 38. Confirmation and publication of byelaws

       6. 38. Any recommendation to Her Majesty in Council, any general rules...

4. PART II Law relating to other Explosives

   1. Application of Part I. to other Explosives

      1. 39. Part I. relating to gunpowder applied to other explosives

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

      3. 41. Exemption of making and carrying safety cartridges for private use

      4. 42. Extension of 18 & 19 Vict. c. 119. s. 29. and 36 & 37 Vict c. 85. ss. 23-27. to all explosives

   2. Specially dangerous Explosives

      1. 43. Power to prohibit manufacture, importation, storage, and carriage of specially dangerous explosives

   3. Provisions in favour of certain Manufacturers and Dealers

      1. 44. Provision in favour of makers, &c. of blasting cartridges

      2. 45. Provision in favour of makers of new explosive for experiment

      3. 46. Provision in favour of gunmakers, &c. making cartridges

      4. 47. Provision in favour of owners of mines and quarries as to making charges, &c. for blasting

      5. 48. Provision in favour of small firework manufacturer who may obtain a license from the local authority

      6. 49. Licensing by local authority and regulation of mall firework factories

      7. 50. Keeping without a license and conveyance of percussion caps, &c

   4. Existing Factories, Magazines, and Stores

      1. 51. Application of Part I. of the Act to existing factories and magazines

      2. 52. Continuing certificate not required for factory, magazine, or importation license expiring within 12 months, or for stores licensed under Nitro-glycerine Act, 1869

5. PART III Administration of Law

   1. Government Supervision

      Inspection

      1. 53. Appointment of Government inspectors

      2. 54. Disqualification of persons as inspectors

      3. 55. Powers of Government inspectors

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

      5. 57. Annual report of Government inspectors proceedings

      6. 58. Inspection by railway inspectors or inspectors of Board of Trade

      7. 59. Application of 35 & 36 Vict. c. 76. and c. 77. to magazines used for mines

      8. 60. License and special rules certified by Government inspector to be evidence

      9. 61. Keeping and carriage of samples by Government inspector

      10. 62. Salaries of Government inspectors and expenses of Act

   2. Accidents

      1. 63. Notice to be given of accidents connected with explosive

      2. 64. Reconstruction of buildings destroyed by accident

      3. 65. Provisions as to coroners inquests on deaths from accidents connected with explosives

      4. 66. Inquiry into accidents and formal investigation in serious cases

   3. Local Supervision

      Definition and Powers of Local Authority

      1. 67. Definition of local authority

      2. 68. Power of certain local bodies to become a local authority

      3. 69. Duty of local authority and power of officer

      4. 70. Expenses of local authority

   4. Power of Local Authority to provide Carriages and Magazines

      1. 71. Undertaking of carriage by harbour authority and canal company

      2. 72. Provision of magazines by local authority

   5. General Power of Search

      1. 73. Search for explosive when in place in contravention of this Act, or offence being committed with respect to it

      2. 74. Seizure and detention of explosives liable to forfeiture

      3. 75. Inspection of wharf, carriage, boat, &c. with explosives in transitu

      4. 76. Payment for samples of explosives

6. PART IV Supplemental Provisions, Legal Proceedings, Exemptions, and Definitions

   1. Supplemental Provisions

      1. 77. Penalty on and removal of trespassers

      2. 78. Arrest without warrant of persons committing dangerous offences

      3. 79. Imprisonment for wilful act or neglect endangering life or limb

      4. 80. Penalty for throwing fireworks in thoroughfare

      5. 81. Forgery and falsification of documents

      6. 82. Punishment for defacing notices

      7. 83. Provisions as to Orders in Council and orders of Secretary of State

      8. 84. Publication of byelaws, notices, &c

      9. 85. Requisitions, notices, &c. to be in writing, &c, and how to be served

      10. 86. Construction of enactments referring to powers of searching for gunpowder

   2. Legal Proceedings

      1. 87. Exemption of occupier from penalty upon proof of another being real offender

      2. 88. Exemption of carrier and owner and master of ship where consignee, &c. in fault

      3. 89. Supplemental provisions as to forfeiture of explosive

      4. 90. Jurisdiction in tidal waters or on boundaries

      5. 91. Prosecution of offences either summarily or on indictment

      6. 92. Power of offender in certain cases to elect to be tried on indictment, and not by summary jurisdiction

      7. 93. Appeal to quarter sessions

      8. 94. Constitution of court

      9. 95. Distress of ship

      10. 96. Application of penalties and disposal of forfeitures

   3. Exemptions and Savings

      1. 97. Exemption of Government factories, &c. from the Act

      2. 98. Saving for rocket and fog stations

      3. 99. Exemption of magazines in the Mersey

      4. 100. Saving for master of ship and carrier in case of emergency

      5. 101. Saving for rockets, gunpowder, &c. on board ship in compliance with 17 & 18 Vict. c. 104

      6. 102. Saving clause as to liability

      7. 103. Powers of Act cumulative, with power to ma,ke provisional order for repealing local Acts

   4. Definitions

      1. 104. Extension of definition of explosive to other explosive substances

      2. 105. Persons carrying on certain processes to be deemed manufacturers

      3. 106. Definition and classification of explosives by Order in Council

      4. 107. Definition of " chief officer of police " and " police district."

      5. 108. General definitions

   5. Application of Act to Scotland

      1. 109. Definitions

      2. 110. Local authority

      3. 111. Expenses of local authority

      4. 112. Secretary of State empowered to declare police commissioners the local authority in certain cases

      5. 113. Local authority to have certain powers to take land otherwise than by agreement

      6. 114. Provision for making and enforcing byelaws, &c

      7. 115. Board of Trade empowered to make byelaws for the lower estuary of the Clyde : Secretary of State to define the authority for enforcing such byelaws

   6. Application of Act to Ireland

      1. 116. Definition of local authority

      2. 117. Power of certain local bodies to become a local authority

      3. 118. Expenses of local authority

      4. 119. Form of registers of store licenses and registered premises, and amount of fees, to be approved by Secretary of State

      5. 120. Definitions

      6. 121. Application of penalties in Ireland

   7. Repeal of Acts

      1. 122. Repeal of certain Acts and part of Act in 4th and 5th schedules

7. SCHEDULES.

   1. FIRST SCHEDULE

      1. PART ONE Gunpowder Factories

      2. PART TWO Gunpowder Stores

   2. SECOND SCHEDULE

      Arbitration

   3. THIRD SCHEDULE

   4. FOURTH SCHEDULE

   5. FIFTH SCHEDULE