Explosives Act 1875

Supplemental Provisions U.K.

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

The occupier of every factory, magazine, store, and registered premises for gunpowder, and every person employed in or about the same, shall take all due precaution for the prevention of accidents by fire or explosion in the same, and for preventing unauthorised persons having access to the factory magazine, or store, or to the gunpowder therein or in the registered premises, and shall abstain from any act whatever which tends to cause fire or explosion and is not reasonably necessary for the purpose of the work in such factory, magazine, store, or premises.

Any breach (by any act or default) of this section in any factory, magazine, store, or registered premises shall be deemed to be a breach of the general rules applying thereto.

Modifications etc. (not altering text)

C1 S. 23 extended by Explosives Act 1923 (c. 17), s. 1

24 Explanation as to quantities of gunpowder allowed in buildings. U.K.

Where any provision of this Act limits the quantity of gunpowder or ingredients of gunpowder to be allowed in any building at any one time, all gunpowder and ingredients within the radius of [F1 twenty metres] from the building and in course either of removal from the building, or of removal to the building for the supply and work thereof, shall be deemed to be in the building:

Provided that, if while the gunpowder or ingredients so in course of removal are within the radius, every machine and manufacturing process in the building is wholly stopped, there may, in addition to the quantity so allowed as aforesaid to be in the building, be within the radius a further quantity of gunpowder and ingredients so in course of removal as aforesaid, not exceeding the quantity specified in that behalf in the license, or in the case of an existing building in a lawfully existing factory for gunpowder [F1 500 kilograms] , or any less quantity so allowed as aforesaid to be in the building.

Where any provision of this Act limits the quantity of gunpowder or ingredients of gunpowder to be allowed in any machine at any one time, but does not limit the quantity to be in the building containing such machine, the foregoing provisions of this section shall apply, so far as circumstances admit, as if such machine were a building.

Where the quantity allowed to be in any building is limited to what is required for the immediate supply and work of such building, or by words not specifying the exact quantity, [F2 an inspector appointed by the Health and Safety Executive under section 19 of the M1 Health and Safety at Work etc. Act 1974] who considers that the quantity in any such building is in excess, may, after hearing the explanation of the occupier, require the occupier to diminish such quantity to the maximum named in the requisition.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

The exact quantity to be allowed in such building shall be determined by the requisition, or if the matter is referred to arbitration, by the award.

Textual Amendments

F1 Words substituted by S.I. 1984/510, reg. 2, Sch. 1

F2 Words substituted by virtue of S.I. 1974/1885, Sch. 2 para. 5

F3 Words repealed by S.I. 1974/1885, Sch. 1

Marginal Citations

M1 1974 c. 37.

25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4 U.K.

Textual Amendments

F4 Ss. 25, 37 repealed by S.I. 1974/1885, Sch. 1

[26 F5 Fees for licenses. U.K.

[F6 There shall be payable in respect of licenses and continuing certificates granted by the Secretary of State such fees as may be from time to time fixed by him with the consent of the Treasury, not exceeding the fees in the Third Schedule to this Act, and if no fee is fixed the fees bmentioned in the said schedule.]]

Such fees shall be taken and paid into the receipt of Her Majesty’s Exchequer in such manner as the Treasury may from time to time direct, and shall be carried to the Consolidated Fund.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

When the local authority do not fix any fee which they are authorised by this Act to fix, the fee payable shall be the [F8 maximum fee which such authority are authorised to fix][F8 that from time to time fixed by or determined under regulations made in accordance with section 43(2) of the Health and Safety at Work etc. Act 1974].

[F9 The fees payable to the local authority in respect of any license, certificate, or otherwise in pursuance of this Act, shall, where the clerk of the local authority is not wholly paid by fees, be carried to the credit of the local rate, or otherwise disposed of as such local authority may direct, and where such clerk is wholly paid by fees, shall, unless the local authority otherwise direct, be paid to such clerk.]

Textual Amendments

F5 Words repealed except insofar as applying to Northern Ireland by S.I. 1983/1450, reg. 3

F6 Words repealed so far as relates to fees payable in respect of licences for importation of explosives by Revenue Act 1909 (c. 43), Sch.

F7 Words repealed by S.I. 1974/1885, Sch. 1

F8 Words beginning “that from time to time”substituted (E.W.S.) for words beginning “the maximum fee” by S.I. 1987/52, reg. 22, Sch. 1

F9 Words repealed (E.W.) by Local Government Act 1972 (c. 70), Sch. 30

Modifications etc. (not altering text)

C2 S. 26 applied with modifications by S.I. 1974/1885, Sch. 2 para. 12

27 Adjoining places occupied together to be one place. U.K.

For the purposes of the provisions of this Act with respect to the manufacture and keeping of gunpowder, all buildings and places adjoining each other and occupied together shall be deemed to be the same factory, magazine, store, or premises, and shall accordingly be included in one license or one registration.

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

The local authority shall cause registers of all store licenses granted by and of all premises registered with them under this Act to be kept in such form and with such particulars as they may direct.

The local authority shall, when so required by [F10 the Health and Safety Executive], send to [F10 it] , within the time fixed by such requisition, a copy of such register or any part thereof, and in default the clerk of such authority, and also the authority if they are in fault, shall be liable to a penalty not exceeding one pound for every day during which such default continues.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

Textual Amendments

F10 Words substituted by virtue of S.I. 1974/1885, Sch. 2 para. 3

F11 Words repealed by S.I. 1974/1885, Sch. 1

29 Provision in case of death, &c. of occupier of store or registered premises. U.K.

If the occupier of a store or registered premises dies or becomes bankrupt, or has his affairs liquidated by arrangement, or becomes mentally incapable or otherwise disabled, the person carrying on the business of such occupier shall not be liable to any penalty . . . F12 for carrying on the business and acting under the license or registration during such reasonable time as may be necessary to allow him to obtain a store license from or to register with the local authority, so that he otherwise conform with the provisions of this Act.

Textual Amendments

F12 Words repealed by S.I. 1974/1885, Sch. 1