The Fireworks (Scotland) Amendment Regulations 2021
2021 No. 14
Fireworks
The Fireworks (Scotland) Amendment Regulations 2021
Made 13th January 2021
Laid before the Scottish Parliament 15th January 2021
Coming into force 30th June 2021
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 2, 4 and 12(1) of the Fireworks Act 20031and by section 27(2) of the Consumer Protection Act 19872(as applied by section 12(1) of the Fireworks Act 2003) and all other powers enabling them to do so.
The Scottish Ministers have in accordance with section 2(3) of the Fireworks Act 2003, consulted the Health and Safety Executive, those organisations which appear to them to be representative of interests substantially affected by these Regulations and other persons whom they consider it appropriate to consult.
The Scottish Ministers have in accordance with section 2(4) of that Act issued a full regulatory impact assessment.
Citation and commencement
1. These Regulations may be cited as the Fireworks (Scotland) Amendment Regulations 2021 and come into force on 30 June 2021.
Amendment of the Fireworks (Scotland) Regulations 2004
2.—(1) The Fireworks (Scotland) Regulations 20043are amended in accordance with paragraphs (2) to (5).
(2) In regulation 2 (interpretation) after the definition of “local authority” insert—
““public fireworks display” means a fireworks display at which the public, or any section of the public, are present (whether or not they have paid to be),”.
(3) In regulation 3 (prohibition of use of certain fireworks at night)—
(a)
(a) in the heading, for “at night” substitute “outside permitted hours”,
(b)
(b) in paragraph (1), for “during night hours” substitute “outside permitted hours”,
(c)
(c) in paragraph (3) for “In this regulation, “night hours” means the period beginning at 23.00 and ending at 07.00 the following day” substitute “In this regulation “permitted hours” means the period beginning at 18.00 and ending at 23.00”.
(4) After regulation 3 insert—
“Prohibition of supply of certain fireworks outside permitted hours
3A.—(1) Subject to paragraph (3) no person shall supply an adult firework outside permitted hours.
(2) In this regulation “permitted hours” means the period beginning at 07.00 and ending at 18.00.
(3) Paragraph (1) shall not prohibit the supply of fireworks outside permitted hours to any person—
(a)
(a) who is employed by, or in business as, a professional organiser or operator of fireworks displays,
(b)
(b) who is employed by a business engaged in, or whose trade or business (or part of whose trade or business) is, the supply of fireworks in accordance with the provisions of the Pyrotechnic Articles (Safety) Regulations 20154,
(c)
(c) who is employed by a local authority and the fireworks in question are to be used—
(i) for the purposes of putting on a fireworks display by that local authority, or
(ii) at a national public celebration or commemorative event, or
(d)
(d) who is the organiser of a public fireworks display and the fireworks in question are to be used for the purposes of putting on a public fireworks display on behalf of a charitable, religious, youth, recreational, community, political or similar organisation.
Prohibition of supply of certain fireworks in specified circumstances: supply in excess of the permitted quantity
3B...
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