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

23.—(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.

—(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.