Modifications etc. (not altering text)
C1Power to grant exemption from provisions of Pt. I (except ss. 30–32) and Pt. II conferred by S.I. 1979/1378, art. 2
Notwithstanding anything in this Act, Her Majesty from time to time, by Order in Council, may prohibit, either absolutely, or except in pursuance of a licence of [F1the Health and Safety Executive] under this Act, or may subject to conditions or restrictions the manufacture, keeping, importation from any place out of the United Kingdom, conveyance, and sale, or any of them, of any explosive which is of so dangerous a character that, in the judgment of Her Majesty, it is expedient for the public safety to make such order:
Provided that such order shall not absolutely prohibit anything which may be lawfully done in pursuance of any continuing certificate under this Act.
Any explosive manufactured or kept in contravention of any such order shall be deemed to be manufactured or kept, as the case may be, in an unauthorised place.
Any explosive conveyed in contravention of any such order shall be deemed to be conveyed in contravention of a byelaw made under this Act with respect to the conveyance of explosives.
[F2If any explosive is imported or sold in contravention of any such Order, the owner or master of the ship in which it was imported, the person to whom it was delivered and the person selling the same shall each be guilty of an offence and liable to the penalties specified in section 33(3) of the M1Health and Safety at Work, etc. Act 1974.]
[F3The Commissioners of Customs and Excise] and their officers shall have the same power with respect to any such explosive, and the ship containing the same, as they have for the time being with respect to any article prohibited to be imported by the law relating to [F4customs or excise], and the ship containing the same, and the enactments for the time being in force relating to [F4customs or excise] and any such article or ship shall apply accordingly.
Textual Amendments
F1Words substituted by virtue of S.I. 1974/1885, Sch. 2 para. 3
F2Words substituted by S.I. 1974/1885, Sch. 2 para. 15
F3Words substituted by virtue of Customs and Excise Act 1952 (c. 44), s. 318(1), Sch. 10 Pt. I
F4Words substituted by Customs and Excise Management Act 1979 (c. 2, SIF 40:1), reg. 2, Sch. 4 para. 12
Modifications etc. (not altering text)
C2Power to extend s. 43 conferred by Emergency Laws (Miscellaneous Provisions) Act 1953 (c. 47), s. 3(2)
Marginal Citations