Fireworks (Safety) Regulations 1997

JurisdictionUK Non-devolved
CitationSI 1997/2294

1997No. 2294

CONSUMER PROTECTION

The Fireworks (Safety) Regulations 1997

23rdSeptember1997

24thSeptember1997

Regulations 3(2), 4(1)(b), 4(2)(f) and 7Regulations 3(2), 4(1)(b), 4(2)(f) and 7

31stDecember1997

Remainder

15thOctober1997

Whereas the Secretary of State has, in accordance with section 11(5) of the Consumer Protection Act 1987 ( a), consulted such organisations as appear to her to be representative of interests substantially affected by these Regulatins, such other persons as she considers appropriate and the Health and Safety Commission:

Now, therefore, the Secretary of State in exercise of the powers conferred on her by section 11 of that Act hereby makes the following Regulations:-

Citation, commencement, revocation and extent

1.-(1) These Regulations may be cited as the Fireworks (Safety) Regulations 1997 and, except as provided for by paragraph (2) below, shall come into force on 15th October 1997.

(2) Regulations 3(2), 4(1)(b), 4(2)(f) and 7 shall come into force on 31st December 1997.

(3) The Fireworks (Safety) Regulations 1996 ( b) are hereby revoked.

(4) These Regulations shall not extend to Northern Ireland.

Interpretation

2.-(1) In these Regulations-

"aerial maroon" means a firework-

(a) which is designed to be projected from a mortar;(b) which contains a propellant charge and a bursting charge; and(c) whose functioning involves ascent and report;

but, for the avoidance of doubt, shall not include a rocket;

"aerial shell" means a firework-

(a) which is designed to be projected from a mortar;(b) which contains a propellant charge and a bursting charge;(c) which contains pyrotechnic units or loose pyrotechnic composition, or both pyrotechnic units and loose pyrotechnic composition; and(d) whose functioning involves ascent and subsequent bursting of the firework case and ejection of any pyrotechnic units;

but, for the avoidance of doubt, shall not include a rocket;

(a) 1987 c. 43.

(b) S.I. 1996/3200.

"air bomb" means a Roman candle whose functioning comprises only the ejection of a single pyrotechnic unit, the principal effect of which is a report;

"amorce" means a firework which is a percussion cap designed for use in toys, which comprises a paper envelope containing a dot of impact-sensitive pyrotechnic composition and which forms part of a roll;

"assembly" means an assembly which includes any firework;

"aural effect" does not include any effect which is only incidental to a visual effect;

"banger" means a firework (other than an air bomb)-

(a) which comprises a tube which contains black powder and has a fuse; and(b) whose functioning principally involves report;

"battery" means an assembly which includes two or more fireworks of the same type, being a type listed in Schedule 3 to these Regulations, and which has one point of ignition;

"black powder" means explosive composition which is an intimate mixture of carbon and either potassium nitrate or sodium nitrate, or a similar mixture also containing sulphur;

"BS 7114" means (subject to paragraph (4) below) the British Standard Specification comprising the following parts-

(a) BS 7114: Part 1: 1988, the British Standard Specification for classification of fireworks published on 30 November 1988 ( a);(b) BS 7114: Part 2: 1988, the British Standard Specification for fireworks published on 30 November 1988 ( b);(c) BS 7114: Part 3: 1988, the British Standard Specification for methods of test for fireworks published on 30 November 1988 ( c);

and references to Parts 1, 2 and 3 of BS 7114 shall be construed accordingly;

"cap" means a firework (including, for the avoidance of doubt, an amorce) designed for use in toys which comprises a non-metallic envelope or cup containing a dot of impact-sensitive pyrotechnic composition, and which produces a report when it is hit;

"category 1 firework" means a firework classified as category 1 under Part 1 of BS 7114 and includes any assembly so classified;

"category 2 firework" means a firework classified as category 2 under Part 1 of BS 7114 and includes any assembly so classified, and any reference to a particular firework or assembly being "in category 2" shall be construed accordingly;

"category 2 rocket" means a firework-

(a) which comprises a tube containing pyrotechnic composition or pyrotechnic units (or both) equipped with a stick or sticks for the purpose of stabilising its flight;(b) which is designed so that, on functioning, it propels itself into the air; and(c) which is a category 2 firework;

"category 3 firework" means a firework classified as category 3 under Part 1 of BS 7114 and includes any assembly so classified, and any reference to a particular firework or assembly being "in category 3" shall be construed accordingly;

"category 3 rocket" means a firework-

(a) which comprises a tube containing pyrotechnic composition or pyrotechnic units (or both) equipped with a stick or sticks for the purpose of stabilising its flight, or with some other means for that purpose;(b) which is designed so that, on functioning, it propels itself into the air; and(c) which is a category 3 firework;

"category 4 firework" means a firework classified as category 4 under Part 1 of BS 7114 and includes any assembly so classified;

"combination" means an assembly, other than a battery, which includes two or more fireworks (both or all of which are listed in Schedule 3 to these Regulations) and which has one point of ignition;

"cracker snap" means a firework-

(a) which comprises two overlapping strips of card or paper with a friction-sensitive explosive composition in sliding contact with an abrasive surface; and

(a) ISBN 0 580 17026 8.

(b) ISBN 0 580 17027 6.

(c) ISBN 0 580 17028 4.

(b) which produces a report when pulled apart;

"firework" means a device intended for use as a form of entertainment which contains, or otherwise incorporates, explosive composition or pyrotechnic composition (or both), and which, upon functioning, burns or explodes (or both) to produce a visual or aural effect (or both);

"firework of erratic flight" means a firework whose functioning involves it following a random trajectory or a random path along the ground, whether or not it functions within a pre-determined range;

"fountain" means a firework-

(a) which comprises a case containing pyrotechnic composition intended to produce sparks and flames;(b) which is designed to be placed on or fixed in the ground or fixed to a support prior to functioning; and(c) whose functioning involves the emission of sparks and flames, either with aural effect (other than report) or without aural effect;

"local authority" means-

(a) in relation to England, a county council, a district council or a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;(b) in relation to Wales, a county council or a county borough council; and(c) in relation to Scotland, a council constituted under section 2 of the Local Government etc (Scotland) Act 1994 ( a);

"maroon-in-mortar" means-

(a) an assembly comprising an aerial maroon inside a mortar, from which the aerial maroon is designed to be projected; or(b) an assembly comprising two or more mortars one of which contains an aerial maroon, where the maroon is designed to be projected from the mortar;

"mine" means a firework-

(a) which comprises a tube containing a propellant charge and pyrotechnic units;(b) which is designed to be placed on, or fixed or partly buried in, the ground prior to functioning; and(c) whose functioning involves the ejection of all its pyrotechnic units in a single burst, producing a widely dispersed visual or aural effect in the air, or a combination of such effects;

"mini-rocket" means a firework which is designed so that, on functioning, it propels itself into the air and which comprises a tube-

(a) the outside diameter of which, at the point where that diameter is greatest, is less than 12.0 millimetres;(b) which contains pyrotechnic composition or pyrotechnic units;(c) which is equipped with a stick or sticks for the purposes of stabilising its flight; and(d) whose overall length (including the length of any stick or sticks) is no more than 300 millimetres;

"novelty match" means a firework comprising a match with a dot of pyrotechnic composition which is designed to be held in the hand while functioning and whose functioning involves report or the production of visual effects, or both;

"party popper" means a firework comprising a device-

(a) which is designed to be held in the hand while functioning;(b) which is operated by a pull-string with an abrasive surface in sliding contact with a friction-sensitive pyrotechnic composition; and(c) whose functioning involves report with the ejection of streamers or confetti, or both;

"primary pack" means a package of fireworks of the same type, all of which are either category 1...

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