Fireworks and Pyrotechnic Articles (Scotland) Act 2022
| Jurisdiction | Scotland |
| Citation | 2022 asp 9 |
| Year | 2022 |
Fireworks and Pyrotechnic Articles (Scotland) Act 2022
2022 asp 9
An Act of the Scottish Parliament to make provision for licensing the purchase, acquisition, possession and use of certain fireworks; to prevent the supply of certain fireworks and pyrotechnic articles to persons under the age of 18; to limit the supply and use of certain fireworks to particular periods; to provide for the creation of firework control zones; to make provision prohibiting possession of fireworks and pyrotechnic articles in certain circumstances; and for connected purposes.
[10 August 2022]
Part 1
Key concepts
1 Meaning of “firework” and “pyrotechnic article”
(1) In this Act—
“” means a pyrotechnic article which—(a) is a firework for the purposes of the following British Standards or any British Standard replacing them—(i) BS EN 15947:2015, or(ii) BS EN 16261:2012, or(b) would be a firework for those purposes if it were intended as a form of entertainment,
“” means an article which contains explosive substances or an explosive mixture of substances designed to produce heat, light, sound, gas or smoke or a combination of such effects through self-sustained exothermic chemical reactions.
(2) But, for the purposes of this Act, a projectile, propelling charge or blank ammunition used in a portable firearm, other gun or artillery is not a pyrotechnic article.
(3) The Scottish Ministers may by regulations modify—
(a)
(a) subsection (1) to amend or replace the definition of “firework”, or
(b)
(b) subsection (2) to add, amend or remove articles or descriptions of types of articles that are not to be treated as a pyrotechnic article for the purposes of this Act.
(4) Regulations under subsection (3) are subject to the affirmative procedure.
2 Categories of fireworks
(1) In this Act—
“” means a firework which presents a very low hazard and negligible noise level and which is intended for use in confined areas, including a firework which is intended for use inside domestic buildings,
“” means a firework which presents a low hazard and low noise level and which is intended for outdoor use in confined areas,
“” means a firework which presents a medium hazard, which is intended for outdoor use in large open areas and whose noise level is not harmful to human health,
“” means a firework which presents a high hazard, which is intended for use only by persons with specialist knowledge and whose noise level is not harmful to human health.
(2) The Scottish Ministers may by regulations—
(a)
(a) modify subsection (1) to add, amend or remove categories, types, classifications or descriptions of fireworks,
(b)
(b) make further provision about the requirements a person must meet to demonstrate “” for the purposes of the definition of a “category F4 firework”.
(3) Regulations—
(a)
(a) under subsection (2)(a) are subject to the affirmative procedure,
(b)
(b) under subsection (2)(b) are subject to the negative procedure.
Part 2
Fireworks licensing
Fireworks which require a licence
3 Application of Part
(1) This Part applies to the following fireworks—
(a)
(a) category F2 fireworks, and
(b)
(b) category F3 fireworks.
(2) The Scottish Ministers may by regulations modify subsection (1) to add, amend or remove categories, types, classifications or descriptions of fireworks.
(3) Regulations under subsection (2) are subject to the affirmative procedure.
Fireworks licensing
4 Requirement to have fireworks licence
(1) It is an offence for a person, without reasonable excuse, to purchase, acquire, possess or use a firework to which this Part applies without having a fireworks licence.
(2) A person who commits an offence under subsection (1) is liable, on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).
(3) It is not an offence under subsection (1) for a non-natural person to purchase, acquire, possess or use a firework without having a fireworks licence if such purchase, acquisition, possession or use is done on its behalf by a person who has a fireworks licence.
(4) This section is subject to section 38 and schedule 1 (exemptions).
5 Supply of fireworks to unlicensed persons
(1) It is an offence for a person, without reasonable excuse, to supply a firework to which this Part applies to a person who does not have a fireworks licence.
(2) A person who commits an offence under subsection (1) is liable, on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).
(3) It is a defence for a person charged with an offence under subsection (1) to show that the person took reasonable steps to establish that the person to whom the firework was supplied had a fireworks licence or was exempt under schedule 1.
(4) It is the duty of each local weights and measures authority to enforce this section in its area in so far as it relates to the supply of fireworks by a person in the course of business.
(5) In this section, “supply” of a firework includes—
(a)
(a) selling it,
(b)
(b) exchanging it for a consideration other than money,
(c)
(c) giving it as a prize or otherwise making a gift of it,
(d)
(d) otherwise making the firework available.
(6) This section is subject to section 38 and schedule 1 (exemptions).
Process for licensing
6 Applying for fireworks licence: general requirements
(1) A person aged 18 years or over may apply to the Scottish Ministers for the grant of a fireworks licence.
(2) An application for a fireworks licence must—
(a)
(a) comply with any regulations made under subsection (3), and
(b)
(b) comply with the mandatory requirements in section 7.
(3) The Scottish Ministers may by regulations—
(a)
(a) set out the form and content of the application,
(b)
(b) specify the manner in which applications must be made,
(c)
(c) specify the information to be provided in the application,
(d)
(d) specify any supporting documents to be provided by an applicant,
(e)
(e) set the fees payable (if any) and specify to whom the fees are payable, and
(f)
(f) make provision for the time in which an application must be made.
(4) Without limiting the generality of subsection (3)(e), when setting the fees payable under this section the Scottish Ministers—
(a)
(a) must have regard to the reasonable costs of carrying out functions under this Part, but
(b)
(b) if it is considered appropriate to do so, may charge a nominal fee or remit the fee altogether.
(5) Regulations under subsection (3) are subject to the negative procedure.
7 Applying for fireworks licence: mandatory requirements
(1) When applying for a fireworks licence, an applicant must—
(a)
(a) disclose any convictions in relation to a relevant offence,
(b)
(b) disclose details of any previous fireworks licences that were revoked or cancelled, and
(c)
(c) provide evidence of having completed a fireworks training course on the safe, lawful and appropriate use of fireworks that complies with section 8 no earlier than 3 months before making the application.
(2) The Scottish Ministers may by regulations specify additional mandatory requirements that an applicant for a fireworks licence must meet.
(3) Regulations under subsection (2) are subject to the negative procedure.
(4) In this section, “” means—
(a)
(a) an offence under this Act,
(b)
(b) an offence under—
(i) the Fireworks Act 2003 and any regulations made under that Act,
(ii) the Pyrotechnic Articles (Safety) Regulations 2015 ( S.I. 2015/1553),
(iii) the Explosives Substances Act 1883, or
(iv) the Explosives Act 1875,
(c)
(c) wilful fire-raising or culpable and reckless fire-raising, or
(d)
(d) any other offence where the misuse of fire, fireworks or pyrotechnic articles has been a factor.
8 Fireworks training course
(1) The Scottish Ministers may by regulations make provision in relation to fireworks training courses for the purposes of section 7(1)(c).
(2) Regulations under subsection (1) may include provision for—
(a)
(a) training requirements, such as—
(i) the content of such courses,
(ii) the accreditation by the Scottish Ministers of such courses and the persons providing such courses, and
(iii) requiring that any person providing training or any particular description of training in accordance with the regulations holds such qualification as may be specified in the regulations,
(b)
(b) the form of such courses,
(c)
(c) the minimum criteria for successful completion of such courses, and
(d)
(d) how successful completion of such courses is recorded.
(3) Any person providing a fireworks training course must have regard to any guidance issued by the Scottish Ministers for the purposes of this section.
(4) The Scottish Ministers must publish any such guidance (and may revise or revoke that guidance).
(5) Regulations under subsection (1) are subject to the negative procedure.
9 Grant of fireworks licence
(1) The Scottish Ministers may grant a fireworks licence only if—
(a)
(a) a valid application and any applicable fees have been received,
(b)
(b) the requirements under sections 6 and 7 have been met, and
(c)
(c) they are satisfied that the applicant can be permitted to possess and use fireworks safely, lawfully and appropriately.
(2) If the Scottish Ministers decide to refuse to grant a fireworks licence, they must inform the person of the right under section 14 to appeal the decision at the same time as notifying the person of that decision.
10 Fireworks licence: conditions and further provision
(1) All fireworks licences...
To continue reading
Request your trial