The Manufacture and Storage of Explosives Regulations 2005

Regulation 28(2) and (3)

SCHEDULE 6 REPEALS AND REVOCATIONS

PART 1 REPEALS

1	2	3
Title	Reference	Extent of repeal
Explosives Act 1875.	c.17.	Sections 4 to 22, 24, 26 to 29, 35, 36, 38, 40 and 41. In section 43, “, either absolutely, or except in pursuance of a license of the Health and Safety Executive under this Act”. Sections 44 to 51, 58, 60, 63 and 64. In section 67, “except as hereafter in this section mentioned,” in paragraph (1), paragraph (4) and the word “and” preceding it. Sections 70 to 72, 77, 78 and 82. In section 83, the words “, and a Secretary of State may by order”, “or orders of the Secretary of State, as the case may be,” and the words from “The provisions of section 50” to the end. Sections 84 and 86. In section 91, the words from “Provided that” to “exceed one month”. In section 97, paragraphs (3) and (4) and the words from “Provided that” to the end. Sections 98 and 101. In section 102, the words from “A continuing certificate” to the end. Sections 103, 105 and 106. In section 108 — (a) in the definition of “this Act”, the words “certificate, byelaw, regulation, rule,”; (b) in the definition of “store”, the words “an existing gunpowder store as defined by this Act, or” and “licensed by a license granted by a local authority under this Act”; and (c) the definitions of “existing”, “factory magazine”, “harbour authority”, “canal company”, “railway company”, “safety cartridges” and “Gunpowder Act 1860”. Section 109(11). In section 110, paragraph 2 and the word “and” preceding it. In section 111, paragraph (b) and the word “and” preceding it. Section 113. In section 114, paragraph (a). Schedule 1.
Explosives Act 1923.	c.17.	The whole Act.
Acquisition of Land (Authorisation Procedure) Act 1946*.	c.49.	In Schedule 4, the entry relating to the Explosives Act 1875.
National Parks and Access to the Countryside Act 1949*.	c.97.	Section 80(5) and (6).
Fireworks Act 1951(1)*.	c.58.	In section 1(1) and (2), “, magazine” in each place where it occurs. Sections 2(6), 4, 5(5) and 7.
Emergency Laws (Miscellaneous Provisions) Act 1953(2)*.	c.47.	Section 3. In section 12(3), the words “three or”. In section 13, the word “three”.
London Government Act 1963*.	c.33.	Section 50(1) and (3).
Public Expenditure and Receipts Act 1968*.	c.14.	In Schedule 3, entry number 4.
Port of London Act 1968*.	c.32.	Section 166.
Health and Safety at Work etc. Act 1974.	c.37.	In Schedule 1, the entries relating to the Explosives Act 1923, the Fireworks Act 1951 and the Emergency Laws (Miscellaneous Provisions) Act 1953.
Isle of Man Act 1979*	c.58.	In section 8(2)(b), the final “or”.
Roads (Scotland) Act 1984*.	c.54.	In Schedule 9, paragraph 7(2).
Merchant Shipping Act 1995*.	c. 21.	In Schedule 13, paragraph 5.
Criminal Procedure (Scotland) Act 1995*.	c.46.	In Schedule 5, the entries for the forms of complaint relating to — (a) the Explosives Act 1875, section 5; and (b) the Explosives Act 1875, section 22 and section 3, subsection (1), Mode B, of the Order in Council dated 26th October 1896.

PART 2 REVOCATIONS

1	2	3
Title	Reference	Extent of revocation
Order in Council (No. 1) Classifying Explosives.	5th August 1875 (Rev. VII, p.1).	The whole Order.
Order in Council (No. 2) Making General Rules for Factories for Explosives other than Gunpowder.	27th November 1875 (Rev. VII, p.10).	The whole Order.
Order in Council (No. 3) Relating to Magazines for Explosives other than Gunpowder, whether with or without Gunpowder.	27th November 1875 (Rev. VII, p. 10).	The whole Order.
Order in Council (No. 4) Relating to Small Firework Factories.	27th November 1875 (Rev. VII, p.14).	The whole Order.
Order in Council (No. 5) Relating to Stores for Gunpowder Exclusively.	27th November 1875 (Rev. VII, p.22).	The whole Order.
Order in Council (No. 6) Relating to Stores for Mixed Explosives.	27th November 1875 (Rev. VII, p.26).	The whole Order.
Order in Council (No. 9) Relating to the Sale of Explosive.	27th November 1875 (Rev. VII, p.39).	The whole Order.
Order in Council (No. 11) Respecting Notice to be Given of Accidents Connected with the Conveyance of Explosives other than Gunpowder.	27th November 1875 (Rev. VII, p. 42).	The whole Order.
Order of Secretary of State (No. 1) Applying General Rules to Floating Magazines for Gunpowder.	27th November 1875 (Rev. VII, p. 68).	The whole Order.
Order of Secretary of State (No. 2) Applying General Rules to Floating Magazines for Explosives other than Gunpowder, whether with or without Gunpowder.	27th November 1875 (Rev. VII, p. 70).	The whole Order.
Order of Secretary of State as to Notice by Applicant for Factory or Magazine Licence.	20th May 1876 (Rev. VII, p. 85).	The whole Order.
Order in Council (No. 6A) Amending Order in Council (No.6) of the 27th November 1875 Relating to Stores Licensed for Mixed Explosives.	20th April 1883 (Rev.VII p. 34).	The whole Order.
Order in Council (No. 1A) Substituting New Provisions for those of Class 7 in the Order in Council of August 5, 1875, as to the Classification of Explosives.	12th December 1891 (noted Rev. VII, p.1).	The whole Order.
Order in Council (No. 15) Prohibiting Fireworks Consisting of or Containing Sulphur in Admixture with Chlorate of Potassium or other Chlorate.	S.R. & O. 1894/517.	The whole Order.
Order in Council (No. 16) Repealing and Consolidating the Previous Orders Relating to Premises Registered for Mixed Explosives.	S.R. & O. 1896/964.	The whole Order.
Order in Council (No. 19) Relating to the Importation, Keeping, Conveyance, or Sale of Fireworks.	S.R. & O. 1905/8.	The whole Order.
Order in Council (No. 16A) Varying the Order in Council (No.16) of October 26, 1896 Relating to Premises Registered for Mixed Explosives.	S.R. & O. 1906/380.	The whole Order.
Order in Council (No. 16B) Amending Order in Council of October 26, 1896 (No. 16) Relating to the Keeping of Mixed Explosives on Registered Premises.	S.R. & O. 1912/1861.	The whole Order.
Order in Council (No. 1B) Amending Order in Council of August 5, 1875 (No. 1) Relating to the Classification of Explosives.	S.R. & O. 1913/481.	The whole Order.
Order of Secretary of State (No. 2A) Amending Order of Secretary of State (No. 2) of November 1875 Applying General Rules to Floating Magazines for Explosives Other than Gunpowder.	S.R. & O. 1923/926.	The whole Order.
Order in Council (No. 2A) Amending the Order in Council of November 27, 1875 (No. 2), making General Rules for Factories for Explosives other than Gunpowder.	S.R. & O. 1923/1297.	The whole Order.
Order in Council (No. 3A) Amending the Order in Council of November 27, 1875 (No. 3) , as to Magazines for Explosives Other than Gunpowder, whether with or without Gunpowder.	S.R. & O. 1923/1298.	The whole Order.
Order in Council (No. 4A) Amending the Order in Council of November 27, 1875 (No. 4) as to Small Firework Factories.	S.R. & O. 1923/1299.	The whole Order.
Order in Council (No. 6D) Amending the Order in Council of November 27, 1875 (No. 6), as to Stores Licensed for Mixed Explosives.	S.R. & O. 1923/1300.	The whole Order.
Order of the Secretary of State (No. 10), Dated January 18, 1924, Relating to the Processes in which Young Persons May Be Employed in Danger Buildings.	S.R. & O. 1924/55.	The whole Order.
Order of the Secretary of State (No. 11), Dated September 20, 1924, Making Byelaws as to the Conveyance of Explosives on Roads, and in Certain Special Cases.	S.R. & O. 1924/1129.	The whole Order except paragraph 3 and the second paragraph of paragraph 5.
Order in Council (No. 27) (the Explosives (Di-Nitro-Phenol and Di-Nitro-Phenolate) Order, 1927.	S.R. & O. 1927/594.	The whole Order.
Order in Council (No. 29) (The Liquid Oxygen Explosives Order, 1928).	S.R. & O. 1928/1045.	The whole Order.
Order of Secretary of State (No. 11A), Dated December 11, 1939, Relating to the Conveyance of Detonators and Electric Detonators with other Explosive.	S.R. & O. 1939/1787.	The whole Order.
Order of Secretary of State (No. 11C), Dated August 24, 1943, Making a Byelaw Relating to the Conveyance of Explosives in a Carriage or Boat whilst Carrying or Plying for Public Passengers.	S.R. & O. 1943/1252.	The whole Order.
Order of Secretary of State (No. 11D), Dated February 7, 1944, Altering the Byelaws Relating to the Conveyance of Detonators and Electric Detonators with other Explosive and to the Quantity of Explosive which may be Conveyed in any one Carriage.	S.R. & O. 1944/139.	The whole Order.
The Conveyance of Explosives Byelaws 1951.	S.I. 1951/869.	The whole Byelaws.
The Stores for Explosives Order 1951.	S.I. 1951/1163.	The whole Order.
The Magazines for Explosives Order 1951.	S.I. 1951/1164.	The whole Order.
The Stores for Explosives Order 1953.	S.I. 1953/1197.	The whole Order.
The Conveyance of Explosives Byelaws 1958.	S.I. 1958/230.	The whole Order.
The Keeping of Fireworks Order 1959.	S.I. 1959/1311.	The whole Order.
The Ammonium Nitrate Mixtures Exemption Order 1967.	S.I. 1967/1485.	The whole Order.
The Classification and Labelling of Explosives Regulations 1983.	S.I. 1983/1140.	Regulation 11.
The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004.	S.I. 2004/568.	Paragraph 5 of Schedule 13.

(1)

The repeal of the provisions in sections 2 and 5 is effected under section 80(1) of the 1974 Act. Sections 4 and 7 are “existing statutory provisions” within the meaning of section 53 of the 1974 Act and are repealed by virtue of section 15(3)(a) of that Act.

(2)

The repeal of the provisions in sections 12 and 13 is effected under section 80(1) of the 1974 Act. Section 3 is an “existing statutory provision” within the meaning of section 53 and is repealed by virtue of section 15(3)(a) of that Act.