Explosives Act 1875

The Explosives Act 1875^[a] (38 & 39 Vict. c. 17) is an act of the Parliament of the United Kingdom that consolidated and amended statutes relating to explosives.

Explosives Act 1875^[a]

Act of Parliament
Parliament of the United Kingdom
Long title	An Act to amend the Law with respect to manufacturing, keeping, selling, carrying, and importing Gunpowder, Nitro–glycerine, and other Explosive Substances.
Citation	38 & 39 Vict. c. 17
Introduced by	R. A. Cross MP (Commons) Frederick Lygon, 6th Earl Beauchamp (Lords)
Territorial extent	United Kingdom
Dates
Royal assent	14 June 1875
Commencement	1 January 1876[b]
Other legislation
Amends	See § Repealed enactments
Repeals/revokes	See § Repealed enactments
Amended by	Statute Law Revision Act 1883 Summary Jurisdiction Act 1884 Interpretation Act 1889 Statute Law Revision (No. 2) Act 1893 Merchant Shipping Act 1894 Statute Law Revision Act 1898 Fireworks Act 1951 Police Act 1964 Police (Scotland) Act 1967 Explosives Acts 1875 and 1923 etc. (Repeals and Modifications) Regulations 1974 Explosives (Age of Purchase etc.) Act 1976 Statute Law (Repeals) Act 1977 Explosives Act 1875 (Exemptions) Regulations 1979 Explosives Act 1875 etc. (Metrication and Miscellaneous Amendment) Regulations 1984 Dangerous Substances in Harbour Areas Regulations 1987 Packaging of Explosives for Carriage Regulations 1991 Manufacture and Storage of Explosives Regulations 2005 Pyrotechnic Articles (Safety) Regulations 2010 Explosives Regulations 2014 Pyrotechnic Articles (Safety) Regulations 2015
Relates to	Gunpowder Act 1772
Status: Amended
History of passage through Parliament
Records of Parliamentary debate relating to the statute from Hansard
Text of statute as originally enacted
Revised text of statute as amended

Background

On 2 October 1874, two barges carrying gunpowder ignited and exploded in the Macclesfield Canal, which became known as the Macclesfield Bridge Disaster.^[1] Four people were killed and the bridge was destroyed. The disaster led to efforts to reform explosives law in the United Kingdom.^[1]

Passage

Leave to bring in the Explosive Substances Bill was granted to the home secretary, R. A. Cross MP, Sir Henry Selwin-Ibbetson MP, and William Henry Smith MP on 25 February 1875.^[2] The bill had its first reading in the House of Commons on 25 February 1875, presented by the home secretary, R. A. Cross MP.^[2] During debate, the home secretary described the key changes of the Bill, including:^[3]

• Requiring manufacturers to submit plans to the Home Secretary before seeking local licensing
• Introducing registration requirements for retailers
• Creating a tiered system for storage amounts:
  • Retailers: Up to 200 lbs
  • Personal use: Up to 30 lbs (no registration needed)
  • Consumer stores: 2 cwt to 2 tons
• Establishing government inspectors
• Granting factory owners more power to remove people causing safety risks

The bill had its second reading in the House of Commons on 16 March 1875 and was committed to a committee of the whole house,^[2] which met on 5 April 1875, 8 April 1875 and 12 April 1875.^[2] During debate, a proposed amendment John Philip Nolan to change "grand jury cess" to "poor rates" for Ireland was defeated.^[4]

The consideration of the Bill was adjourned after d debate on 19 April 1875,^[2] and the committee met again on 23 April 1875, with amendments.^[2] The committee was discharged and the Bill was re-committed to a committee of the whole house on 27 April 1875 in respect of amended clause 110 of the Bill, which met and reported immediately on 27 April 1875, with amendments.^[2] The amended bill had its third reading in the House of Commons on 28 April 1875 and passed, without amendments.^[2]

The bill had its first reading in the House of Lords on 29 April 1875.^[5] The bill had its second reading in the House of Lords on 3 May 1875, introduced by Frederick Lygon, 6th Earl Beauchamp,^[6] and was committed to a committee of the whole house,^[5] which met and reported on 7 May 1875, with amendments.^[5] The amended bill had its third reading in the House of Lords on 13 May 1875 and passed, with amendments.^[5]

The amended bill was considered and agreed to by the House of Commons on 21 May 1875.^[2]

The bill was granted royal assent on 14 June 1875.^[5]

Provisions

Repealed enactments

Section 122 of the act repealed 6 enactments, listed in fourth and fifth schedules to the act.^[7] Section 122 preserved existing securities, rates and charges and protected all pre-existing rights, actions and proceedings from being affected by the repeal.

Citation	Short title	Title	Extent of repeal
23 & 24 Vict. c. 139	Gunpowder Act 1860	An Act to amend the law concerning the making, keeping, and carriage of gunpowder and compositions of an explosive nature, and concerning the manufacture, sale, and use of fireworks.	The whole.
24 & 25 Vict. c. 130	Gunpowder and Fireworks Act 1861	An Act for amending an Act passed in the last session of Parliament to amend the law concerning the making, keeping, and carriage of gunpowder and compositions of an explosive nature, and concerning the manufacture, sale, and use of fireworks.
25 & 26 Vict. c. 98	Gunpowder Act Amendment Act 1862	An Act for the amendment of an Act of the session of the twenty-third and twenty-fourth years of the reign of Her present Majesty, chapter one hundred and thirty-nine, intituled An Act to amend the law concerning the making, keeping, and carriage of gunpowder and compositions of an explosive nature, and concerning the manufacture, sale, and use of fireworks, and of an Act amending the last-mentioned Act.	The whole.
29 & 30 Vict. c. 69	Carriage and Deposit of dangerous Goods Act 1866	An Act for the amendment of the law with respect to the carriage and deposit of dangerous goods.	The whole.
32 & 33 Vict. c. 113	Nitro Glycerine Act 1869	An Act to prohibit for a limited time the importation and to restrict and regulate the carriage of nitro-glycerine.	The whole.
26 & 27 Vict. c. 65	Volunteer Act 1863	The Volunteer Act, 1863	Section twenty-six from "all exemptions contained in the Gunpowder Act, 1860," inclusive, to the end of the section.

Legacy

Courtenay Ilbert described the act as a Consolidation Act, given that the act, which amended the law with respect to explosives, also consolidated various enactments relating to that particular branch of law.^[8]

Section 42 of the act was repealed by the Merchant Shipping Act 1894 (57 & 58 Vict. c. 60).

The act was partly repealed when the Manufacture and Storage of Explosives Regulations 2005 (SI 2005/1082) was brought into being but the inspection and licensing remained much the same.

Notes

1. Section 1.
2. Section 2.