Criminal Justice (Miscellaneous Provisions) Act 2023

Amendment of section 5 of Explosives Act 1875

8. Section 5 of the Explosives Act 1875 is amended—

(a) in the second subsection (2.), by the substitution of “conveyance of gunpowder; or” for “conveyance of gunpowder.”, and

(b) by the insertion of the following subsection after the second subsection (2.) referred to in paragraph (a):

“(3) To the keeping of gunpowder by a person for the purpose of lawfully selling it directly to the public—

(a) where the total amount of gunpowder on the premises does not exceed 5kg,

(b) where the gunpowder is, or is part of—

(i) a Category F1 firework, namely a firework that presents a very low hazard and negligible noise level and that is intended for use in confined areas and includes fireworks that are intended for use inside domestic buildings,

(ii) a Category P1 pyrotechnic article, namely a pyrotechnic article, other than fireworks and theatrical pyrotechnic articles, that presents a low hazard, or

(iii) an article classified as UN No. 0014, namely blank cartridges for weapons, blank cartridges for small arms or blank cartridges for tools, to which the United Nations Serial Number UN No. 0014 was assigned in the manual published by the United Nations and entitled ‘Twenty-second revised edition of the Recommendations by the United Nations Committee of Experts on the Transport of Dangerous Goods’ or in any later revised edition of those Recommendations for the time being in force,

and

(c) where the gunpowder referred to in paragraph (b) is kept—

(i) in an area designated by the person—

(I) to which unauthorised access is prevented, and

(II) that is located well away from sources of ignition, sparks and flammable materials,

and

(ii) in a manner that does not compromise emergency escape routes.”.