Explosives Act 1875

Application of Act to Scotland U.K.

This Act shall apply to Scotland, with the following modifications; that is to say,

109 Definitions. U.K.

In this Act with respect to Scotland—

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(2) The expression “a master of one of the superior courts” means the auditor of the Court of Session:

(3) The expression “umpire” means oversman:

(4) The expression “attending before a court of record” means attending on citation the Court of Justiciary:

(5) The expression “stipendiary magistrate” means a [F2 sheriff principal or sheriff] :

(6) The expression “defendant” means defender, and includes respondent:

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(8) The expression “ [F4 the Crown Court]” means the [F5 sheriff principal of the sheriffdom] :

(9) The expression “misdeameanor” means a crime and offence:

(10) The expression “the court of summary jurisdiction” means the [F5 sheriff principal of the sheriffdom or any one of his sheriffs]:

[F6 (11) This Act shall be read and construed as if for the expression “The M1 Lands Clauses Consolidation Act 1845,” wherever it occurs therein, the expression “The M2 Lands Clauses Consolidation (Scotland) Act 1845,” were substituted.]

Textual Amendments

F1 S. 109(1) repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F2 Words substituted by virtue of Sheriff Courts (Scotland) Act 1971 (c. 58), s. 4

F3 S. 109(7) repealed by Police (Scotland) Act 1967 (c. 77), Sch. 5 Pt. I

F4 Words substituted by virtue of Courts Act 1971 (c. 23), Sch. 8 Pt. I para. 2

F5 Words substituted by virtue of Sheriff Courts (Scotland) Act 1971 (c. 58), s. 4, Sch. 1 para. 1

F6 S. 109(11) repealed except so far as relates to harbour authorities by Local Government (Scotland) Act 1947 (c. 43), Sch. 14

Marginal Citations

M1 1845 c. 18.

M2 1845 c. 19.

110 Local authority. U.K.

In Scotland, the local authority for the purposes of this Act shall be as follows:

[F7 1. A regional or islands council; and]

2. In any harbour within the jurisdiction of a harbour authority, whether situate or not within the jurisdiction of any local authority . . . F8 , the harbour authority, to the exclusion of any other local authority; and

3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

Textual Amendments

F7 S. 110 para. 1 substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 27 Pt. II para. 10

F8 Words repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F9 S. 110 para. 3 repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

111 Expenses of local authority. U.K.

In Scotland, the local rate for defraying the expenses of the local authorities under this Act shall be—

[F10 (a) The regional or general rate, as the case may be; and]

(b) In any harbour as aforesaid any moneys, fund, or rate applicable or leviable by the harbour authority for any harbour purpose; and

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

[F12 The rates or assessments in this sub–section mentioned, or any increase of any such rate or assessment, may, notwithstanding any limitation in any Act, be levied for the purposes of this Act.]

Textual Amendments

F10 S. 111 (a) substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 27 Pt. II para. 11

F11 S. 111(c) repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F12 Words repealed except so far as relates to harbour authorities by Local Government (Scotland) Act 1947 (c. 43), Sch. 14

112 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13 U.K.

Textual Amendments

F13 S. 112 repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

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

In Scotland, every local authority under this Act [F14 may be authorised by the Secretary of State to purchase land compulsorily] for the purpose of erecting a gunpowder magazine thereon . . . F15

Textual Amendments

F14 Words substituted by Acquisition of Land (Authorisation Procedure) Act 1946 (c. 49), s. 6(3), Sch. 4

F15 Words repealed by Acquisition of Land (Authorisation Procedure) Act 1946 (c. 49), Sch. 4

114 Provision for making and enforcing byelaws, &c. U.K.

In Scotland, the following provisions shall have effect:

(a) Where an obligation is laid by this Act on any harbour authority, company, or local authority to make or enforce any byelaws or to grant any license or to do anything, the Court of Session may, upon summary application by any corporation, harbour authority, or local authority, or party interested, compel such harbour authority, company, or local authority to discharge such obligation:

(b) Every offence under this Act shall be prosecuted, every penalty recovered, and every forfeiture or order made at the instance of the Lord Advocate or of the procurator fiscal of the sheriff court:

(c) The proceedings may be on indictment in the Court of Justiciary . . . F16 or in the sheriff court, or may be taken summarily in the sheriff court under the provisions of [F17 Part II of the M3 Criminal Procedure (Scotland) Act 1975], as the Lord Advocate shall direct:

(d) All costs and moneys directed to be recovered as penalties may be recovered in the sheriff court at the instance of the procurator fiscal of that court, under the provisions of the [F17 M4 Criminal Procedure (Scotland) Act 1975] :

(e) In Scotland, all penalties imposed in pursuance of this Act shall be paid to the clerk of the court imposing them, and shall by him be accounted for and paid to [F18 the Secretary of State] , and be carried to the Consolidated Fund; and the proceeds of any sales of explosives or of the ingredients of explosives, or of the receptacles of explosives or their ingredients, or of any ship, boat, or carriage, forfeited and directed to be sold, or directed to be sold and disposed of as if the same were forfeited under this Act, shall be paid, accounted for, and applied in like manner as penalties under this Act:

(f) In Scotland, every person found liable in any penalty or costs or to pay any money directed by this Act to be recovered as a penalty, shall be liable, in default of immediate payment, to imprisonment for a term not exceeding six months, or until such penalty, costs, or money shall be sooner paid.

Textual Amendments

F16 Words repealed by Statute Law Revision (No. 2) Act 1893 (c. 54)

F17 Words substituted by virtue of Interpretation Act 1889 (c. 63), s. 38(1)

F18 Words substituted by S.I. 1974/1274, art. 3(4), Sch.

Marginal Citations

M3 1975 c. 21.

M4 1975 c. 21.

[F19 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. U.K.

Whereas upon that part of the estuary of the Clyde which lies below the jurisdiction of the Trustees of the Clyde Navigation (and which part is in this section referred to as the lower estuary of the Clyde) doubts have arisen as to the limits of the several harbour authorities on that estuary, be it enacted, the [F20 Secretary of State] may, if [F20 he thinks] it expedient, make byelaws under this Act for the lower estuary of the Clyde as if it were a harbour and [F20 he] were the harbour authority, and such byelaws shall be deemed to have been made by a harbour authority with the sanction of the [F20 Secretary of State] ; and [F20 he] may by such byelaws define the area within which such byelaws are to be observed, and the Secretary of State shall have power to define the authority or authorities and officers by whom such byelaws are to be enforced and carried into effect within such area; and such authority or authorities and officers shall, for the purposes of this Act, other than making byelaws or assenting to a site for a new factory or magazine, have the same power within the said area as a harbour authority and an officer of a harbour authority have respectively under this Act in a harbour.]

Textual Amendments

F19 S. 115 repealed (E.W.S.) by S.I. 1987/37 reg. 47(1)(a)

F20 Words substituted by virtue of Ministry of Transport Act 1919 (c. 50), s. 2, Sch. 1 para. 1, S.R. & O. 1919/1440 (Rev. XV, p. 211: 1919, p. 849), 1941/654 (Rev. XV, p. 228: 1941, p. 1221), arts. 2, 3, 1946/375 (Rev. XV, p. 229: 1946, p. 1009), art. 2(1)(3), S.I. 1953/1204 (1953 I, p. 1225), art. 3(1), 1959/1768 (1959 I, p. 1793) art. 3(2) and 1970/1681, arts. 2(1), 6(3)

Modifications etc. (not altering text)

C1 A dagger appended to a marginal note means that it is no longer accurate