- Latest available (Revised)
- Point in Time (04/01/1995)
- Original (As enacted)
Version Superseded: 01/04/1996
Point in time view as at 04/01/1995.
There are currently no known outstanding effects for the Explosives Act 1875, Cross Heading: Application of Act to Scotland.
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This Act shall apply to Scotland, with the following modifications; that is to say,
In this Act with respect to Scotland—
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
(2)F2. . .
(3)F2. . .
(4)F2. . .
(5)F2. . .
(6)F2. . .
(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
(8)F2. . .
(9)F2. . .
(10)The expression “the court of summary jurisdiction” means the [F4sheriff principal of the sheriffdom or any one of his sheriffs]:
[F5(11)This Act shall be read and construed as if for the expression “The M1Lands Clauses Consolidation Act 1845,” wherever it occurs therein, the expression “The M2Lands Clauses Consolidation (Scotland) Act 1845,” were substituted.]
Textual Amendments
F1S. 109(1) repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29
F2S. 109(2)-(6)(8)(9) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.VII.
F3S. 109(7) repealed by Police (Scotland) Act 1967 (c. 77), Sch. 5 Pt. I
F4Words substituted by virtue of Sheriff Courts (Scotland) Act 1971 (c. 58), s. 4, Sch. 1 para. 1
F5S. 109(11) repealed except so far as relates to harbour authorities by Local Government (Scotland) Act 1947 (c. 43), Sch. 14
Marginal Citations
In Scotland, the local authority for the purposes of this Act shall be as follows:
[F61.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 . . . F7, the harbour authority, to the exclusion of any other local authority; and
3.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8
Textual Amendments
F6S. 110 para. 1 substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 27 Pt. II para. 10
F7Words repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29
In Scotland, the local rate for defraying the expenses of the local authorities under this Act shall be—
[F9(a)The [F10non-domestic rate or the council tax]], 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
[F12The 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
F9S. 111(a) substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 27 Pt. II para. 11
F10Words in s. 111(a) substituted (S.) (4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 4(3); S.I. 1994/2850, art. 3(c)(ii)
F11S. 111(c) repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29
F12Words repealed except so far as relates to harbour authorities by Local Government (Scotland) Act 1947 (c. 43), Sch. 14
Textual Amendments
F13S. 112 repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29
In Scotland, every local authority under this Act [F14may be authorised by the Secretary of State to purchase land compulsorily] for the purpose of erecting a gunpowder magazine thereon . . . F15
Textual Amendments
F14Words substituted by Acquisition of Land (Authorisation Procedure) Act 1946 (c. 49), s. 6(3), Sch. 4
F15Words repealed by Acquisition of Land (Authorisation Procedure) Act 1946 (c. 49), Sch. 4
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:
F16(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)The proceedings may be on indictment in the Court of Justiciary . . . F17 or in the sheriff court, or may be taken summarily in the sheriff court under the provisions of [F18Part II of the Criminal Procedure (Scotland) Act 1975], as the Lord Advocate shall direct:
F16(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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 [F19the 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:
F16(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F16S. 114(b)(d)(f) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.VII.
F17Words repealed by Statute Law Revision (No. 2) Act 1893 (c. 54)
F18Words substituted by virtue of Interpretation Act 1889 (c. 63), s. 38(1)
F19Words substituted by S.I. 1974/1274, art. 3(4), Sch.
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 [F21Secretary of State] may, if [F21he thinks] it expedient, make byelaws under this Act for the lower estuary of the Clyde as if it were a harbour and [F21he] were the harbour authority, and such byelaws shall be deemed to have been made by a harbour authority with the sanction of the [F21Secretary of State] ; and [F21he] 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
F20S. 115 repealed (E.W.S.) by S.I. 1987/37 reg. 47(1)(a)
F21Words 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)
C1A dagger appended to a marginal note means that it is no longer accurate
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