The Fireworks (Amendment) Regulations 2004
| Jurisdiction | UK Non-devolved |
| Citation | SI 2004/3262 |
| Year | 2004 |
2004 No. 3262
FIREWORKS
The Fireworks (Amendment) Regulations 2004
Made 8th December 2004
Laid before Parliament 10th December 2004
Coming into force 1st January 2005
Whereas the Secretary of State considers that there is a risk that the use of fireworks will have the consequences of death of persons or injury, alarm, distress or anxiety to persons; death of animals or injury or distress to animals; or destruction of, or damage to property;
And whereas the Secretary of State, in accordance with section 2(1)(b) and (2) of the Fireworks Act 20031, considers it appropriate to make provision by regulations for securing that the risk that the use of fireworks will have those consequences is the minimum compatible with their being used;
And whereas the Secretary of State, in accordance with section 2(3) of that Act, has consulted the Health and Safety Commission, those organisations which appear to her to be representative of interests substantially affected by the following Regulations and such other persons whom she considers it appropriate to consult;
And whereas the Secretary of State has issued a full regulatory impact assessment in accordance with section 2(4) of that Act;
And whereas, in relation to every metropolitan county, each fire and rescue authority has, in accordance with section 27(2)(a) of the Consumer Protection Act 19872, agreed to the transfer to it of such enforcement duties as are specified in the following Regulations;
Now, therefore, the Secretary of State, in exercise of the powers conferred upon her by sections 2, 4, 7 and 8 of the Fireworks Act 2003 and by section 27(2) of the Consumer Protection Act 1987 (as applied by section 12(1) of the Fireworks Act 2003), hereby makes the following Regulations:—
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Fireworks (Amendment) Regulations 2004 and shall come into force on 1st January 2005.
(2) In these Regulations, “the principal Regulations” means the Fireworks Regulations 20043.
Amendment of regulation 7 of the principal Regulations
2.—(1) Regulation 7 of the principal Regulations is amended as follows.
(2) For paragraph (3)(b), there is substituted—
“(b)
“(b) beginning at 11pm and ending at midnight on 5th November;”
Amendment of regulation 9 of the principal Regulations
3.—(1) Regulation 9 of the principal Regulations is amended as follows.
(2) For paragraph (1), there is substituted—
“1 Subject to paragraphs (2) and (2A) below, no person shall supply or expose for supply any adult firework, save in accordance with either—
(a) a licence granted in respect of each premises under his control at which the fireworks are supplied or exposed for supply; or
(b) a licence granted to him, if the fireworks which he supplies or exposes for supply are kept at premises which are not under his control.”
(3) After paragraph (2), there is inserted—
S-2A “2A Paragraph (1) above shall not prohibit the supply or exposing for supply, otherwise than in accordance with a licence, of adult fireworks—
(a) to a person who is employed in, or whose trade or business (or part of whose trade or business) is the supply of fireworks or assemblies, for the purpose of that person’s supplying them in accordance with the provisions of the 1997 Regulations;
(b) to a person who is employed by, or in business as, a professional organiser or operator of firework displays for the purpose of that person’s employment or business; or
(c) to a person who is employed in, or whose trade or business (or part of whose trade or business) is, the transport of fireworks, for the purpose of that person’s trade, employment or business.”
(4) For paragraph (3), there is substituted—
“3 An application for a licence under this regulation shall be made to the local licensing authority in whose area—
(a) the premises concerned are located in the case of a licence mentioned in paragraph (1)(a) above, or
(b) the principal business premises of...
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