Explosives Act 1875

General Law as to Manufacture and Keeping of Gunpowder

4 Gunpowder to be manufactured only at factory lawfully existing or licensed under this Act

The manufacture of gunpowder shall not, nor shall any process of such manufacture, be carried on except at a factory for gunpowder either lawfully existing or licensed for the same under this Act.

Provided that nothing in this section shall apply to the making of a small quantity of gunpowder for the purpose of chemical experiment and not for practical use or for sale.

If any person manufactures gunpowder or carries on any process of such manufacture at any place at which he is not allowed by this section so to do, he shall be deemed to manufacture gunpowder at an unauthorised place.

Where gunpowder is manufactured at an unauthorised place—

1.

All or any part of the gunpowder or the ingredients of gun powder which may be found either in or about such place or in the possession or under the control of any person convicted under this section, may be forfeited; and

2.

The person so manufacturing shall be liable to a penalty not exceeding one hundred pounds a day for every day during which he so manufactures.

5 Gunpowder (except for private use) to be kept only in existing or new magazine or store, or in registered premises

Gunpowder shall not be kept at any place except as follows; that is to say,

(1) Except in the factory (either lawfully existing or licensed for the same under this Act) in which it is manufactured; or

(2) Except in a magazine or store for gunpowder either lawfully existing or licensed under this Act for keeping gunpowder; or

(3) Except in premises registered under this Act for keeping gunpowder.

Provided that this section shall not apply—

(1) To a person keeping for his private use and not for sale gunpowder to an amount not exceeding on the same premises thirty pounds; or

(2) To the keeping of any gunpowder by a carrier or other person for the purpose of conveyance, when the same is being conveyed or kept in accordance with the provisions of this Act with respect to the conveyance of gunpowder.

Any gunpowder kept in any place other than as above in this section mentioned shall be deemed to be kept in an unauthorised place.

Where any gunpowder is kept in an unauthorised place—

(1) All or any part of the gunpowder found in such place may be forfeited; and

(2) The occupier of such place, and also the owner of, or other person guilty of keeping the gunpowder, shall each be liable to a penalty not exceeding two shillings for every pound of gunpowder so kept.