Title and introductory text
Explosives Act 1875 1875 c.17 An Act to amend the Law with respect to manufacturing, keeping, selling, carrying, and importing Gunpowder, Nitro–glycerine, and other Explosive Substances. [14th June 1875]
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Explosives Act 1875
United Kingdom · statute
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In force since 2015-08-17, as the publisher states.
Copy read on 2026-11-09. The page it was read from
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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Contents: 73 provisions
- Title and introductory text
- 1 Short title.
- 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 3 Substances to which this Act applies.
- 23 Precautions against unauthorised access
- 30 Restriction on sale of gunpowder in highways, &c.
- 31 Penalty for sale of gunpowder to children.
- 32 Sale of gunpowder to be in closed packages labelled.
- 33 General rules as to packing of gunpowder for conveyance.
- 34 Byelaws by harbour authority as to conveyance, loading, &c. of gunpowder.
- 39 Part I. relating to gunpowder applied to other explosives.
- 40 Modification of Part I. as applied to explosives other than gunpowder.
- 42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 43 Power to prohibit manufacture, importation, storage, and carriage of specially dangerous explosives.
- 52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 58 Inspection by railway inspectors or inspectors of Board of Trade.
- 59 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 61 †Keeping and carriage of samples by Government inspector.
- 63 Notice to be given of accidents connected with explosive.
- 64 Reconstruction of buildings destroyed by accident.
- section-65
- 67 Definition of local authority.
- 68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 69 †Duty of local authority and power of officer.
- 70 Expenses of local authority.
- 71 Undertaking of carriage by harbour authority and canal company.
- 72 Provision of magazines by local authority.
- 73 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 74 Seizure and detention of explosives liable to forfeiture.
- 75 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 76 ...
- 80 Penalty for throwing fireworks in thoroughfare.
- 81 ...
- 82 †Punishment for defacing notices.
- 83 Provisions as to Orders in Council and orders of Secretary of State.
- 85 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 86 Construction of enactments referring to powers of searching for gunpowder.
- 87 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 89 Supplemental provisions as to forfeiture of explosive.
- 90 Jurisdiction in tidal waters or on boundaries.
- 91 Prosecution of offences either summarily or on indictment.
- 92 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 93 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 94 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 95 Distress of ship.
- 96 Application of penalties and disposal of forfeitures.
- 97 Exemption of Government factories, &c. from the Act.
- 98 Saving for rocket and fog stations.
- 99 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 100 Saving for master of ship and carrier in case of emergency.
- 101 Saving for rockets, gunpowder, &c. on board ship in compliance with 17 & 18 Vict. c. 104.
- 102 Saving clause as to liability.
- 103 Powers of Act cumulative, with power to make provisional order for repealing local Acts.
- 104 Extension of definition of explosive to other explosive substances.
- 105 Persons carrying on certain processes to be deemed manufacturers.
- 106 Definition and classification of explosives by Order in Council.
- 107 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 108 General definitions.
- 109 Definitions.
- 110 Local authority.
- 111 Expenses of local authority.
- 112 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 113 Local authority to have certain powers to take land otherwise than by agreement.
- 114 Provision for making and enforcing byelaws, &c.
- 115 †Board of Trade empowered to make byelaws for the lower estuary of the Clyde: Secretary of State to define the authority for enforcing such byelaws.
- 116 Definition of local authority.
- 117 Power of certain local bodies to become a local authority.
- 118 Expenses of local authority.
- 122 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- THIRD SCHEDULE
- FOURTH SCHEDULE
- FIFTH SCHEDULE
Proposed changes to this act
No one has proposed a change to this act yet.
73 provisions
1 Short title.
This Act may be cited as “The Explosives Act 1875.”
Propose a change2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change3 Substances to which this Act applies.
This Act shall apply to gunpowder and other explosives as defined by this section. The term “explosive” in this Act— (1) Means gunpowder, nitro–glycerine, dynamite, gun–cotton, blasting powders, fulminate of mercury or of other metals, coloured fires, and every other substance, whether similar to those above–mentioned or not, used or manufactured with a view to produce a practical effect by explosion or a pyrotechnic effect; and (2) Includes fog–signals, fireworks, fuzes, rockets, percussion caps, detonators, cartridges, ammunition of all descriptions, and every adaptation or preparation of an explosive as above defined.
Propose a change23 Precautions against unauthorised access
(1) The occupier of every premises at which gunpowder is manufactured or stored shall take all due precaution for preventing unauthorised persons having access to the premises or to the gunpowder therein. (2) In the event of any breach (by any act or default) of subsection (1), the occupier shall be guilty of an offence. (3) In this section, “premises” has the meaning given in section 53 of the Health and Safety at Work etc. Act 1974. (3) In this section, “premises” has the meaning given by Article 2(2) of the Health and Safety at Work (Northern Ireland) Order 1978.
Propose a change30 Restriction on sale of gunpowder in highways, &c.
Gunpowder shall not be hawked, sold, or exposed for sale upon any highway, street, public thoroughfare, orroad or in any public place. If any gunpowder is hawked, sold, or exposed for sale in contravention of this section— (1) The person hawking, selling, or exposing for sale the same, shall be liable to a penalty not exceeding £2 ; and (2) All or any part of the gunpowder which is so hawked or exposed for sale, or is found in the possession of any person convicted under this section, may be forfeited.
Propose a change31 Penalty for sale of gunpowder to children.
(1) Gunpowder shall not be sold to any person apparently under the age of sixteen years; and any person selling gunpowder in contravention of this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale (2) Subsection (1) does not apply to— (a) pyrotechnic articles within the meaning set out in regulation 3 of the Pyrotechnic Articles (Safety) Regulations 2015; or (b) percussion caps intended specifically for toys within the meaning set out in regulation 4(2) of the Toys (Safety) Regulations 2011 (S.I. 2011/1881).
Propose a change32 Sale of gunpowder to be in closed packages labelled.
All gunpowder exceeding 500 grams in weight, when publicly exposed for sale or sold, shall be in a substantial case, bag, canister, or other receptacle made and closed so as to prevent the gunpowder from escaping, and (except when the same is sold to any person employed by or on the property occupied by the vendor for immediate use in the service of the vendor or on such property,) the outermost receptacle containing such gunpowder shall have affixed the word “gunpowder” in conspicuous characters by means of a brand or securely attached label, or other mark. If any gunpowder is sold or exposed for sale in contravention of this section— 1. The person selling or exposing for sale the same shall be liable to a penalty not exceeding £2 ; and 2. All or any part of the gunpowder so exposed for sale may be forfeited.
Propose a change33 General rules as to packing of gunpowder for conveyance.
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Propose a change34 Byelaws by harbour authority as to conveyance, loading, &c. of gunpowder.
Every harbour authority shall, with the sanction of the Secretary of State , make byelaws for regulating the conveyance, loading and unloading of gunpowder within the jurisdiction of the said authority and in particular for declaring or regulating all or any of the following matters within the jurisdiction of the said authority; namely, 1. Determining the notice to be given by ships and boats conveying, loading, or unloading gunpowder as merchandise within the said jurisdiction; and 2. Regulating the navigation and place of mooring of such ships and boats; and 3. Regulating, subject to the general rules with respect to packing in this Act contained, the mode of stowing and keeping gunpowder on board any such ship or boat, and of giving notice by brands, labels, or otherwise of the nature of the package containing the gunpowder; and 4. Regulating the description, construction, fitting up, and licensing of the ships, boats, or carriages to be used for the conveyance of gunpowder, and the licensing and dress of the persons having charge thereof; and 5. Prohibiting or subjecting to conditions and restrictions the conveyance of gunpowder with any explosive or any articles or substances, or in passenger ships, boats, trains, or carriages; and 6. Prohibiting in cases where the loading or unloading of gunpowder within the jurisdiction of such authority appears to be specially dangerous to the public such loading or unloading, and fixing the places and times at which the gunpowder is to be loaded or unloaded, and the quantity to be loaded or unloaded or conveyed at one time or in one ship, boat, or carriage; and 7. Regulating the mode of and the precautions to be observed in conveying any gunpowder, and in the loading or unloading any ship, boat, or carriage conveying gunpowder as merchandise, and the time during which gunpowder may be kept during such conveyance, loading or unloading; and 8. Fixing the times at which lights or fires are to be allowed or not allowed on board such ships or boats, as before mentioned, or at which a constable or officer of the harbour authority is to be on board them; and 9. Providing for the publication and supply of copies of the byelaws; and 10. Enforcing the observance of this Act both by their own servants and agents and also by other persons when within the said jurisdiction; and 11. Generally for protecting, whether by means similar to those above mentioned or not, persons and property from danger. The penalties to be annexed to any breach or attempt to commit any breach of any such byelaws may be all or any of the following penalties, and may be imposed on such persons and graduated in such manner as may be deemed just, according to the gravity of the offence, and according as it may be a first or second or other subsequent offence, that is to say, pecuniary penalties not exceeding £100 for each offence, and ten pounds for each day during which the offence continues, and forfeiture of all or any part of the gunpowder in respect of which, or found in the ship, boat, or carriage in respect of which, the breach of byelaw has taken place. In the event of any breach of a byelaw under this section in the case of any ship, boat, carriage, or gunpowder, whether there has or has not been any conviction for such breach, it shall be lawful for the harbour–master, or other officer named in the byelaws, or any person acting under the orders of the harbour authority, to cause such ship, boat, carriage, or gunpowder, at the expense of the owner thereof, to be removed to such place or otherwise dealt with in such manner as may be in conformity with the byelaws; and all expenses incurred in such removal may be recovered in the same manner as a penalty under this section; and any person resisting such harbour–master or officer or other person in such removal shall be liable to the same penalties as a person is liable to for obstructing the harbour–master in the execution of his duty. On any part of the coast of the United Kingdom or in any tidal water for which there is no harbour authority, the Secretary of State may, if he thinks it expedient, make byelaws under this section for that part or water as if it were a harbour and he were the harbour authority, and such byelaws shall be deemed to have been made by a harbour authority with the sanction of the Secretary of State ; and he may by such byelaws define the area within which such byelaws are to be observed, and the authorities and officers by whom such byelaws are to be enforced and carried into effect within such area; and every such authority and officer 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.
Propose a change39 Part I. relating to gunpowder applied to other explosives.
Subject to the provisions hereafter in this part of this Act contained, Part One of this Act relating to gunpowder shall apply to every other description of explosive, in like manner as if those provisions were herein re–enacted with the substitution of that description of explosive for gunpowder.
Propose a change40 Modification of Part I. as applied to explosives other than gunpowder.
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Propose a change42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change43 Power to prohibit manufacture, importation, storage, and carriage of specially dangerous explosives.
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Propose a change52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change58 Inspection by railway inspectors or inspectors of Board of Trade.
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Propose a change59 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change61 †Keeping and carriage of samples by Government inspector.
An inspector appointed by the Health and Safety Executive under section 19 of the M1Health and Safety at Work etc. Act 1974, and any other person authorised by him for the purpose, may keep and convey any sample taken for the purposes of this Act by or by authority of such inspector, so that the amount of it do not exceed what is reasonably necessary for the purpose of enabling such inspector to perform his duties under this Act, and be kept and carried with all due precautions to prevent accident; and such inspector or person shall not be liable to any penalty, punishment, or forfeiture under this or any other Act for keeping or conveying such sample.
Propose a change63 Notice to be given of accidents connected with explosive.
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Propose a change64 Reconstruction of buildings destroyed by accident.
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Propose a changesection-65
Propose a change67 Definition of local authority.
The local authority for the purposes of this Act, shall be— (1) In the city of London, ... the court of the Lord Mayor and aldermen of the said city; and (1A) In a London borough, the council of the borough; and (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) Outside Greater London and a metropolitan county , the council of a county or county borough; and (3A) In a metropolitan county, the fire and rescue authority; ... (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change69 †Duty of local authority and power of officer.
It shall be the duty of every local authority to carry into effect within their jurisdiction the powers vested in them under this Act. . . .
Propose a change70 Expenses of local authority.
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Propose a change71 Undertaking of carriage by harbour authority and canal company.
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Propose a change72 Provision of magazines by local authority.
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Propose a change73 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change74 Seizure and detention of explosives liable to forfeiture.
Where any of the following officers, namely, ... any constable, or any officer of the local authority, has reasonable cause to believe that any explosive or ingredient of an explosive or substance found by him is liable to be forfeited under this Act, he may seize and detain the same until some court of summary jurisdiction has determined whether the same is or is not so liable to be forfeited, and with respect thereto the following provisions shall have effect: (1) The officer seizing may either require the occupier of the place in which it was seized (whether a building or not, or a carriage, boat, or ship) to detain the same in such place or in any place under the control of such occupier, or may remove it in such manner and to such place as will in his opinion least endanger the public safety, and there detain it, and may, where the matter appears to him to be urgent and fraught with serious public danger, and he is authorised by an order from a justice of the peace, or from a superintendent or other officer of police of equal or superior rank, cause the same to be destroyed or otherwise rendered harmless; but before destroying or rendering harmless the same he shall take and keep a sample thereof, and shall, if required, give a portion of the sample to the person owning the explosive, or having the same under his control at the time of the seizure; and any such occupier who, by himself or by others, fails to keep the same when he is required in pursuance of this section to detain it, and any such occupier or other person who, except with the authority of the officer seizing the same, ... or in case of emergency for the purpose of preventing explosion or fire, removes, alters, or in any way tampers or deals with the same while so detained, shall be liable to a penalty not exceeding fifty pounds, and shall also be liable to forfeit all explosives, and ingredients thereof which are at the time of the offence in his possession or under his control at the said place: (2) The proceedings before a court of summary jurisdiction for determining whether the same is or is not liable to forfeiture shall be commenced as soon as practicable after the seizure; and (3) The receptacles containing the same may be seized, detained, and removed in like manner as the contents thereof; and (4) The officer seizing the same may use for the purposes of the removal and detention thereof any ship, boat, or carriage in which the same was seized, and any tug, tender, engine, tackle, beasts, and accoutrements belonging to or drawing or provided for drawing such ship, boat, or carriage, and shall pay to the owner a reasonable compensation for such use, to be determined, in case of dispute, by a court of summary jurisdiction, and to be recovered in like manner as penalties under this Act; and (5) The same shall, so far as practicable, be kept and conveyed in accordance with this Act, and with all due precaution to prevent accident, but the person seizing, removing, detaining, keeping, or conveying the same shall not be liable to any penalty, punishment, or forfeiture under this or any other Act, or to any damages, for keeping or conveying the same, so that he use all such due precautions as aforesaid; and (6) The officer seizing the same, or dealing with the same in pursuance of this section, shall not be liable to damages or otherwise in respect of such seizure or dealing, or any act incidental to or consequential thereon, unless it is proved that he made such seizure without reasonable cause, or that he caused damage to the article seized by some wilful neglect or default. ...
Propose a change75 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change76 ...
Propose a change80 Penalty for throwing fireworks in thoroughfare.
If any person throw, cast, or fire any fireworks in or into any highway, street, thoroughfare,road or public place, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale
Propose a change81 ...
Propose a change82 †Punishment for defacing notices.
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Propose a change83 Provisions as to Orders in Council and orders of Secretary of State.
Her Majesty may from time to time make Orders in Council for doing anything which is in this Act expressed to be authorised, directed, regulated, prescribed, or done by Order in Council. Every Order in Council or order of the Secretary of State, which purports to be made in pursuance of this Act shall be presumed to have been duly made and to be within the powers of this Act, and no objection to the legality thereof shall be entertained in any legal proceeding whatever.. Every Order in Council made in pursuance of this Act shall take effect as if it were enacted in this Act, and shall be published in the London Gazette, and shall be laid before both Houses of Parliament within one month after it is made, if Parliament be then sitting, or if not, within one month after the commencement of the then next session of Parliament.. Her Majesty may by Order in Council... from time to time revoke, add to, or alter any previous Order in Council ... under this Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change85 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change86 Construction of enactments referring to powers of searching for gunpowder.
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Propose a change87 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change89 Supplemental provisions as to forfeiture of explosive.
Where a court before whom a person is convicted of an offence against this Act has power to forfeit any explosive owned by or found in the possession or under the control of such person, the court may, if it think it just and expedient, in lieu of forfeiting such explosive, impose upon such person, in addition to any other penalty or punishment, a penalty not exceeding such sum as appears to the court to be the value of the explosive so liable to be forfeited. Where any explosive, or ingredient of an explosive, is alleged to be liable under this Act to be forfeited, any indictment, information, or complaint may be laid against the owner of such explosive or ingredient, for the purpose only of enforcing such forfeiture; and where the owner is unknown, or cannot be found, a court may cause a notice to be advertised, stating that unless cause is shown to the contrary at the time and place named in the notice, such explosive will be forfeited, and at such time and place the court after hearing the owner or any person on his behalf (who may be present), may order all or any part of such explosive or ingredient to be forfeited.
Propose a change