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(1)The Secretary of State may by order impose, in addition to those imposed in relation thereto by the M1Explosives Act 1875, such prohibitions or restrictions on the use of gunpowder and safety fuses and the transfer, whether for consideration or not, of the possession thereof or property therein as appear to him to be necessary or expedient in the public interest; and any such order may prohibit the doing of anything restricted by the order except under the authority of a licence granted by such person as may be specified in the order.
(2)The Secretary of State may by order make provision for requiring that, subject to any exemptions for which provision may be made by the order, a person who enters into a prescribed transaction with respect to an explosive to which this subsection applies shall make and shall keep for the prescribed period a record containing the prescribed particulars of the transaction and shall produce the record to such person and in such circumstances as may be prescribed.
This subsection applies to gunpowder, safety fuses and any explosive to which an Order in Council made under section forty-three of the M2Explosives Act 1875, for the time being applies, and for the purposes of this subsection the expression “prescribed” means, in relation to an order, prescribed by the order.
(3)An order under this section may make provision for any incidental or supplementary matters for which the Secretary of State thinks it expedient for the purposes of the order to provide.
(4)A person who contravenes or fails to comply with any provision of an order under this section shall be [F1guilty of an offence].
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
[F3(6)The provisions of section 50 of the M3Health and Safety at Work etc. Act 1974 shall apply to the power to make an order under this section as they apply to a power to make regulations.]
Textual Amendments
F1Words substituted by S.I. 1974/1885, art. 7(1)(a)
F2S. 3(5) repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. XX
F3S. 3(6) added by S.I. 1974/1885, art. 7(1)(b)
Modifications etc. (not altering text)
C1S. 3 extended by S.I. 1988/1222, regs. 3 and 4
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