United Kingdom legislation
The Explosives Act 1875 (38 & 39 Vict. c. 17) was an act of the Parliament of the United Kingdom that consolidated and amended statutes relating to explosives.
Background
On 2 October 1874, two barges carrying gunpowder ignited and exploded in the Macclesfield Canal, which became known as the Macclesfield Bridge Disaster. Four people were killed and the bridge was destroyed. The disaster led to efforts to reform explosives law in the United Kingdom.
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. The bill had its first reading in the House of Commons on 25 February 1875, presented by the home secretary, R. A. Cross MP. During debate, the home secretary described the key changes of the Bill, including:
- 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, which met on 5 April 1875, 8 April 1875 and 12 April 1875. During debate, a proposed amendment John Philip Nolan to change "grand jury cess" to "poor rates" for Ireland was defeated.
The consideration of the Bill was adjourned after d debate on 19 April 1875, and the committee met again on 23 April 1875, with amendments. 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. The amended bill had its third reading in the House of Commons on 28 April 1875 and passed, without amendments.
The bill had its first reading in the House of Lords on 29 April 1875. The bill had its second reading in the House of Lords on 3 May 1875, introduced by Frederick Lygon, 6th Earl Beauchamp, and was committed to a committee of the whole house, which met and reported on 7 May 1875, with amendments. The amended bill had its third reading in the House of Lords on 13 May 1875 and passed, with amendments.
The amended bill was considered and agreed to by the House of Commons on 21 May 1875.
The bill was granted royal assent on 14 June 1875.
Provisions
Repealed acts
Section 122 of the act repealed 6 enactments, listed in fourth and fifth schedules to the act. 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.
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
- Section 1.
- Section 2.
References
- ^ "The Macclesfield Bridge disaster | Royal Museums Greenwich". www.rmg.co.uk. Retrieved 11 November 2024.
- ^ Commons, Great Britain House of (1875). The Journals of the House of Commons (PDF). Vol. 130. pp. 64, 65, 94, 119, 136–137, 154, 164, 166, 169, 174, 217, 218, 220, 275. Retrieved 29 October 2024.
- "Explosive Substances Bill". Parliamentary Debates (Hansard). Vol. 222. Parliament of the United Kingdom: House of Commons. 25 February 1875. col. 910–914.
- "Explosive Substances Bill Bill 76". Parliamentary Debates (Hansard). Vol. 223. Parliament of the United Kingdom: House of Commons. 12 April 1875. col. 763–765.
- ^ Lords, Great Britain Parliament House of (1875). Journals of the House of Lords. Vol. 107. H.M. Stationery Office. pp. 133, 146, 176, 184, 190, 198, 206, 251, 493.
- "Explosive Substances Bill". Parliamentary Debates (Hansard). Vol. 223. Parliament of the United Kingdom: House of Lords. 3 May 1875. col. 1949–1950.
- Britain, Great (1875). The Public General Statutes. Eyre and Spottiswoode at the Queen's Printing Office. pp. 144–216.
- Ilbert, Courtenay (1901). Legislative methods and forms. University of California Libraries. Oxford : Clarendon Press; London and New York, H. Frowde. pp. 72–73.
Sources
- Pellew, Jill H. (1974). "The Home Office and the Explosives Act of 1875". Victorian Studies. 18 (2). Indiana University Press: 175–194. ISSN 0042-5222. JSTOR 3826363. Retrieved 13 November 2024.
- Leggett, Zach (2022). "Things That go 'Boom'… or Not? Defining Explosive Substances and Pyrotechnic Effects in Under the Explosive Substances Act 1883: R v Margelis [2021] EWCA Crim 1215". The Journal of Criminal Law. 86 (1): 46–50. doi:10.1177/00220183221079112. ISSN 0022-0183.