Section 23 — Unauthorised manufacture, etc., of explosives or explosive precursors

(1)A person commits an offence if —

(a)the person manufactures, or takes part in the manufacture of, or disposes of, an object or a thing;

(b)the object or thing is an explosive or explosive precursor;

(c)the person knows that or is reckless as to whether the object or thing is an explosive or explosive precursor; and

(d)the manufacture or disposal of that object or thing is not authorised under subsection (2) or (3).

(2)The manufacture by a person of an explosive or explosive precursor is authorised if —

(a)for an unmarked plastic explosive —

(i)the manufacture —(A) is under a licence granted to the person to manufacture the unmarked plastic explosive; and (B) is in a quantity no greater than that necessary for the purpose of, and is solely for, any MARPLEX Convention excepted use; or

(b)for any other explosive or explosive precursor, the person —

(i)is granted a licence, or is a class licensee authorised under a class licence, to manufacture that explosive or explosive precursor; or

(ii)is exempt from this section under section 87, 88 or 89 in relation to the person if the explosive is not an unmarked plastic explosive.

(3)The disposal by a person of an explosive or explosive precursor is authorised if the disposal —

(a)is under a licence granted to the person, or a class licence applying to the person, to dispose of that explosive or explosive precursor; or

(b)is exempt from this section under section 87, 88 or 89 in relation to the person.

(4)A person commits an offence if —

(a)the person repairs or takes part in the repair of any object or thing;

(b)the object or thing is an explosive device;

(c)the person knows that or is reckless as to whether that object or thing is an explosive device; and

(d)the person is not one of the following:

(i)a person granted a licence to repair the explosive device;

(ii)a class licensee authorised under a class licence to repair the explosive device;

(iii)a person exempt from this section under section 87, 88 or 89 in relation to the repair of the explosive device.

(5)To avoid doubt, subsection (1) applies to a person regardless that the explosive or explosive precursor concerned was manufactured or disposed of other than in the course of carrying on a business.